Explanatory note

These Regulations are made in consequence of the judgment of the European Court of Justice in Case C-188/03, Junk v Kühnel, which concerned the interpretation of Council Directive 98/59/EC (OJ No.L225, 12.8.98, p 16) on the approximation of the laws of the Member States relating to collective redundancies.

The Regulations amend section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide that, in addition to the existing requirements of that section, an employer proposing collective redundancies must notify the Secretary of State of his proposal before he gives notice to an employee to terminate an employee’s contract of employment in respect of any of those dismissals.

A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business may be obtained from the Employment Relations Team, Department for Trade and Industry, 1 Victoria Street, London, SW1H 0EN or from the Department for Trade and Industry’s website (http://www.dti.gov.uk/consultations/ria/index.html). Copies of the regulatory impact assessment have been placed in the libraries of both Houses of Parliament.