We were expecting to receive the "Section 188" notice about redundancies due to budget cuts on 7th or 8th March but Corporate Personnel have now said this is not likely to be before 15th March as they don't have the information they need from Departments as yet.
The relevant elements of Section 188 of the Trade Union and Labour Relations Act (Consolidation) Act 1992 are:
(1) An employer proposing to dismiss as redundant an employee of a description in respect of which an independent trade union is recognised by him shall consult representatives of the union about the dismissal in accordance with this section.
(2) The consultation must begin at the earliest opportunity, and in any event—
(a) where the employer is proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less, at least 90 days before the first of those dismissals takes effect;
(4) For the purposes of the consultation the employer shall disclose in writing to the trade union representatives—
(a) the reasons for his proposals,
(b) the numbers and descriptions of employees whom it is proposed to dismiss as redundant,
(c) the total number of employees of any such description employed by the employer at the establishment in question,
(d) the proposed method of selecting the employees who may be dismissed, and
(e) the proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are to take effect.
For the purposes of the budget cuts, the County Council is the establishment. A Management suggestion that each department could issue it's own S188 notices was strongly resisted by the trade unions and has been withdrawn. We have asked for enabling document to be produced for consultation once again, but have been told that it is still being drafted.
09 March 2006
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