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Make
provision with regard to notices of redundancy. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Notification
of redundancy by companies in administration |
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(1) |
This section shall apply
only where an administrator has been appointed under |
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Part II of the Insolvency
Act 1986 (c. 45), as amended by the Enterprise
Act 2002 |
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(2) |
Notice of dismissal by reason
of redundancy may only be given if the |
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administrator has consulted
with the company’s employees about the |
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management of the company’s
affairs, business and property at a meeting |
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called for that purpose,
and considered any representations made by them. |
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(3) |
No notice of dismissal by
reason of redundancy shall be given until a period of |
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one month has elapsed since
the meeting referred to in subsection (2) above. |
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(4) |
It shall be an offence for
an administrator— |
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(a) |
not to consult with a company’s
employees in accordance with |
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(b) |
to issue a notice of dismissal
by reason of redundancy in contravention |
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(5) |
A person who is guilty of
an offence under this Act is liable on summary |
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conviction to a fine not
exceeding one-fifth of the statutory maximum. |
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“administrator”
has the meaning given in paragraph 1 of Schedule B1 to |
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20 |
“meeting” includes
an information and consultation meeting, whether |
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exceptional or otherwise,
held in accordance with the Transnational |
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Information and Consultation
Regulations 1999 (S.I. 1999/3323); and |
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“redundancy”
has the meaning given in section 139 of the Employment
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