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[18-03-2009] Employment Rights (Northern Ireland) Order 1996 (Amended 8 October 2006)

Employment Rights (Northern Ireland) Order 1996 (Amended 8 October 2006)

Advance notification of redundancies

The Department for Employment and Learning announced changes in the way collective redundancy notifications must be made.

From 8 October 2006, businesses proposing to make collective redundancies (i.e. where 20 or more employees are to be made redundant) must notify the relevant public authority before redundancy notices are issued to staff. At present, notification can be made after the issue of redundancy notices.

The new Regulations address a European Court of Justice decision in the case of Junk-v-Kuhnel , which clarifies that notification of redundancies to public authorities must take place before redundancy notices are issued.

What you are required to do

As an employer, you are required by law to notify the Department of a proposal to make redundant 20 or more employees
a) before giving notice to terminate an employee's contract of employment in respect of these dismissals and
b)within a 90 day period as follows-

· If 20 to 99 redundancies may occur at one establishment, you must notify us at least 30 days before the first dismissal.
· If 100 or more redundancies may occur at one establishment, you must notify us at least 90 days before the first dismissal.
We will treat the date on which we receive your completed form as the date of notification.