Employers in the United Kingdom do not have to take into account past dismissals when deciding whether the threshold to trigger collective redundancy consultation obligations has been reached, the Employment Appeal Tribunal (EAT) found.

• Collective redundancy consultation is required if an employer proposes to dismiss twenty or more employees over a ninety-day period.
• In Micro Focus v. Mildenhall the EAT ruled that previous redundancies do not need to be counted. The test is whether twenty or more redundancies are proposed looking forward.
• The ruling in Micro Focus v. Mildenhall provides a timely reminder of how Employment Tribunals handle redundancy proposals, redundancy pooling, and collective consultation responsibilities. However, this finding may be short-lived as the government intends to consult on making changes to the threshold as part of the new collective redundancy framework under the UK Employment Rights Act 2025.

In Micro Focus Ltd v Mildenhall, the EAT considered when collective redundancy consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) are triggered. Under TULRCA, there is a legal requirement for employers to carry out a collective consultation when proposing redundancies with twenty or more employees at one establishment in a period of ninety days. Employers that fail to comply with the collective consultation obligations will face penalties.

Mr Mildenhall, the employee in this case,...

Read Full Story: https://news.google.com/rss/articles/CBMi3wFBVV95cUxPS2xudGR2UWhuZk8zLUY1VFk2...