Extract to table

Even where an ETO reason exists, the dismissal must still be procedurally and substantively fair under ordinary unfair dismissal principles

The key requirements are as follows: (i) If the employer proposes to dismiss 20 or more but fewer than 100 employees at one establishment within 90 days, the employer must begin the consultation process at least 30 days before the first dismissal takes effect

(ii) If the employer proposes to dismiss 100 or more employees at one establishment within 90 days, the employer must begin the consultation process at least 45 days before the first dismissal takes effect

(iii) The employer must consult with "appropriate representatives" of the affected employees

(iv) The employer must also file a notification with the Secretary of State for Business and Trade (Form HR1) before the consultation begins

Under the ICE Regulations, employees may request the establishment of an information and consultation arrangement, and if a valid request is made (by at least 2% of the employees, subject to a minimum of 15 and a maximum of 2,500), the employer is required to negotiate and establish such an arrangement