Can I issue redundancy notices before the consultation period is finished?
The European Court of Justice, ruling on the case of C-188/03 Irmtraud Junk v Wolfgang Kühnel, suggested that an employer should not issue notice of termination of employment on the grounds on redundancy until the Statutory Consultation Periods (30 or 90 days) have been exhausted. Failure to adhere to the statutory consultation periods could result in claims for Protective Awards being taken by disgruntled employee representatives. Further information and guidance on handling redundancies is available in the Agency’s Advisory Guide Advice on handling redundancy If our answer or publications do not provide you with enough information please contact the Agency’s Head Office: 028 9032 1442 – or our Regional Office: 028 7126 9639.
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