In the current economic climate, we anticipate that in 2023 many organisations will have to consider redundancies or a change to terms and conditions of employment in order to save costs.
Depending on the numbers involved, this may trigger a duty to collectively consult. Failure to comply with such a duty can lead to employment tribunal claims for a protective award of up to 90 days' gross pay for each affected employee. This is intended to punish the employer for not complying with its obligations.
As the consequences of getting it wrong can be significant, it is important to be aware of when the duty to collectively consult arises and what is required to comply with this obligation. We have set out below our top 10 tips.
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