Collective Consultation & Group Action Claims

A particular event, process or requirement applied by an employer, may affect a large group of employees. 

In some cases, that will give rise to an obligation to consult with the group of employees in one go, through collective consultation.

There are a variety of circumstances where there can be an obligation to collectively consult with employees.  This can include the election of employee representatives and the provision of specific statutory information.  This arises, in particular, in relation to:

• a failure to inform and consult in relation to 20 or more redundancies; or
• a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006

At Herrington Carmichael, we have a track record of successfully pursuing group action claims. For example, we successfully represented over 200 ex-employees of King & Wood Mallesons LLP in relation to a failure to inform and consult about their redundancy.

The idea of a group claim, in relation to a consultation failure, can be daunting for those involved. So if you are part of a group considering pursuing a group action please get in touch and we will be happy to help.