Is there a proposal to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less?
Have the affected employees been identified?
Is there a recognised trade union in respect of any of the affected employees?
If there is no recognised union, is it necessary to arrange for employee representatives to be directly elected or is there an appropriate standing body?
Have the statutory rules governing the process of election and the adequacy of representation produced by that election been complied with?
Where 20 to 99 redundancies are proposed within a 90-day period, has consultation begun at least 30 days before the first dismissal is due to take effect? Where 100 or more redundancies are proposed within a 90-day period, has consultation begun at least 45 days before the first dismissal takes effect?
Notwithstanding the minimum time limits, has consultation begun “in good time”?
Has BEIS been notified of the proposed redundancies before any notices of dismissal are given and at least 30 days (or, if 100 or more dismissals are proposed within a 90-day period, 45 days) before the first dismissal is to take effect?
Has the information specified under section 188(4) been provided to the representatives at the start of consultation?
Has consultation included consultation on ways and means of avoiding the dismissals, reducing the number of dismissals and mitigating their consequences? Was consultation undertaken with a view to reaching agreement?
Have “special circumstances” rendered it not reasonably practicable to provide the statutory information under section 188(4) or to consult in good time? If so, have such steps towards compliance as are reasonably practicable still been taken?
Have the employer’s additional obligations (if any) under the Information and Consultation of Employees Regulations 2004 (ICE Regulations) been considered?