On 6 April 2013 Acas issued new non-statutory guidance following the Government’s changes to the rules on collective redundancies that we reported on in our article dated 18 December 2012. In summary, the minimum consultation period has been reduced from 90 to 45 days and employees on fixed term contracts that have reached their termination point are excluded from these consultation obligations.
The new Acas guide includes case studies and provides a checklist for employers handling collective redundancies. It aims to provide clarity for employers, employee representatives and employees in relation to collective redundancy legislation, the impact of case law and best practice. It also includes an explanation of the meaning of “establishment” setting out case law on the issue and key questions for employers to consider when determining the meaning of establishment in different circumstances.