Consultation requirements and employee rights during redundancy

The legal requirements surrounding redundancy procedure are the focus of this video, which addresses Assessment Criterion 3.2 of Unit 5OS01 Specialist Employment Law at CIPD Level 5. The video examines both individual and collective consultation obligations, drawing on the statutory framework established by the Trade Union and Labour Relations (Consolidation) Act 1992 alongside case law that has shaped how consultation duties are interpreted in practice. Two landmark decisions feature prominently: Williams v Compair Maxam (1982) and Polkey v AE Dayton Services (1987), each of which has had lasting influence on what tribunals regard as a fair redundancy process.

On the collective side, the video addresses the thresholds that trigger formal consultation obligations — specifically the 20-employee and 100-employee figures within a 90-day period at one establishment — along with the corresponding minimum timeframes of 30 and 45 days. The hierarchy of appropriate representatives is covered, distinguishing between recognised trade unions and elected employee representatives where no union is recognised. The video also examines the written information that must be provided to those representatives and the consequences of non-compliance, including the protective award mechanism, which can reach up to 90 days' gross pay per affected employee.

Beyond consultation, the video turns to the broader package of statutory rights that arise during redundancy, covering statutory minimum notice periods and how they interact with contractual entitlements, the treatment of accrued but untaken annual leave including the influence of normal remuneration on holiday pay calculations, and the right to reasonable paid time off to seek alternative work or arrange retraining. That paid element, capped at 40 per cent of a week's pay, and the qualifying service threshold of two years for certain rights are both addressed within the context of what lawful redundancy management requires.