The government has proposed cutting the collective redundancy consultation period from 90 days to 45 or 30 to make it easier for companies experiencing economic difficulty to restructure.

Currently, employers considering large scale redundancies affecting 100 staff or more are subject to a minimum consultancy period of 90 days.

But responses to the government’s earlier call for evidence have prompted action to change this.

A consultation on the proposals was launched by employment relations minister Norman Lamb yesterday, who said: “It’s clear that the current arrangements are not working in the best interests of either staff or managers.”

One argument for the change is that it will make workforce more flexible, helping employer react to economic changes more quickly.

Other proposals include introducing a new, non-statutory, Code of Practice to give clearer information on how to conduct good quality consultations and improving the guidance for employers and employees on the support offered by the government.

“Our reforms are about improving the quality of consultations - this really is a case of quality over quantity,” the minister added.

“The call for evidence showed that the current arrangements are not fit for purpose for the modern labour market. At present fear and uncertainty can hang over a workforce for three months, sometimes resulting in some of the best employees choosing to leave, even if they would not have ultimately been made redundant.”

These proposals will not affect the collective redundancy ‘Protective Award’, which entitles each employee to a maximum of 90 days’ pay if an employer fails to consult. The government said that as this level of award is linked to the employer’s attempts to comply rather than the length of the consultation period it is an effective incentive to carry out the proper consultation process.

Tim Thomas, head of employment affairs at manufacturing employers body the EEF, said: “We broadly welcome these proposals as the law in this area strongly favours employees and their representatives which can lead to prolonged periods of uncertainty.

"This needs to be rebalanced and greater emphasis placed upon the protection of employment for all workers. The 90 day consultation period can delay the resolution of redundancy consultations and employers will welcome a move to 30 or 45 days.”

But he said he was “disappointed” the government was not considering changes to Protective Awards, calling them “a disproportionate penalty for employers”.

The CIPD has supported the move to shorter consultations. In its response to the call for evidence in January, the institute expressed support for a minimum time period of 30 days in relation to all redundancies affecting 20 employees or more.

This would give employers greater flexibility without having a truly detrimental effect on the consultation process or on employees, argued the institute.

But TUC general secretary Brendan Barber said: “Shortening the notice period will not lead to a better process. It takes time for unions and employers to consider carefully what alternatives there may be to job losses and what the impact on the remaining workforce will be. Unions have shown time and time again they understand the pressures that companies are under in a tough economic climate and have come up with many innovative ways of saving jobs.”

The consultation will run for 13 weeks closing on 19 September.

 

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Comments (4)
  • Really?  I suspect there will be too many nay sayers that block the proposal.    "Victorian era, dark satanic mills"...sounds rather paranoid.  If ever someone has the chance to visit a modern factory environment, or even have the stamina to run a business, which provides you and others that you employ with an income, then you can experience first hand the challenges of operating in todays constrained and litigious in Britain. Balanced legislation in the interests of both employee and employer is needed, the lack of it sees more and more businesses going overseas. It's a global economy and the UK plays very much up the hill.

  • Who is worse, Jimmy Carr or Big Business? Every penny he has been paid, he has earned himself, because of his talent. Nobody has to like him, watch him or pay to see him, but they do.<br/><br/>Now Big Business is rewarded for redistributing wealth from, from employees from the lower end, to bonuses at the top. <br/><br/>When we all realise that we are never going to get to the top, either by a lottery win, celebrity or promotion, then we will stop worrying what the people below us get and focus on the rich above. <br/><br/>A 90 day consultation period gives 90 day extra money. Why should you give a toss about what happens to your soon to be previous employer after you have been sacked? I read an excellent line in Industrial Relations, Theory and Practice; privatisation of profit and socialisation of debt. When things are going well, the money goes to a few. When it goes wrong, we all pay.

  • I agree with the previous comment. I am seeing  this government destroy all that the labour party stood for and the opposition party as it stands at the moment is not doing a thing about it. My father would be turning in his grave, he voted labour (the old labour ) all his life. I like the gentleman above did vote for conservative, not any more. We are not in this together. The rich are getting richer and the poor poorer. God help us for we are going back to the victorian age, when the poor ended up in work houses. That i can see again.

  • Have your say... I voted for the tories and opposed the coalition.<br/>However, I am watching conditions and rights for workers being steadily erroded and worry about where this will end.<br/>I watch the TV programmes about the Victorian entrepreneurs, the vast fortunes, massive estates and luxurious lifestyles and marvel.<br/>However, that marvelling comes to an abrupt end when I read the reports of poverty in the cities; conditions in the workplace and living conditions of the working classes.<br/>I am no communist, not even a socialist and I believe in aspiration and profit however, I cannot reconcile the new 'Victorians' amd how they intend to make their fortune in exactly the same way. And again, with the help and support of the government. <br/>Most revolutions take place because of the arrogance of a class that believes they are the only people who count, and all others are there to contribute to their wealth and lifestyle, to the point of enduring hunger, cold and death, and that included children in the Victorian era.<br/>Look at Grece, Spain and the unrest in many countries and remember that people will only take so much unfair and inhumane treatment.<br/>A fair and equitable society is what we all should be working towards and the government of a country, the guardian of its people, most of all.<br/>Anybody who believes we are all in it together is a fool. We are moving slowly but relentlesly back to the era of the 'Dark Satanic Mills'. Be afraid people, be very afraid. Who will protect you if your elected representatives are part of this conspiracy to consign the working classes back to the cesspit of slavery?