Changes to the Employment Act 2000 – Part 4

Published: 25 Mar 2021
Type: Insight

First Published in The Bermuda Chamber Of Commerce Newsletter (Chamber Insider), April 2021

This Article is Part 4 of our series on the amendments to the Employment Act 2000 (“Act”) that will be coming into effect on 1 June 2021. This article examines the introduction of a requirement for employers to inform and consult with employees regarding redundancies and lay-offs.

Information and consultation requirements

Under section 30 of the Act, an employer is permitted to terminate the employment of an employee whose position is redundant. Section 30(3) sets out the various conditions which, if they directly result in a reduction in the employer’s work force, will amount to a “redundancy” for these purposes (for example, the discontinuance of all or part of the employer’s business). Notice must be given in accordance with the employee’s contract and the statutory minimum notice requirements under section 20, and the employee will be entitled to a severance allowance.

From 1 June 2021, section 30 will be amended to require an employer to provide the following information to an employee before making them redundant:

  • “the existence of the relevant condition of redundancy”;
  • “the reasons for the termination contemplated”;
  • “the number and categories of employees likely to be affected”; and
  • “the period over which such termination is likely to be carried out”,

(the “Statutory Information”).

In summary, the employer should as a minimum identify the circumstances which meet the definition of “redundancy” under section 30(3), explain why these circumstances have led to the proposal to reduce headcount, and provide details of the employees affected by the proposal and the date(s) on which the terminations are expected to take effect, if confirmed.

From 1 June 2021, the employer will also be required to “consult” with employees on the following matters:

  • “the possible measures that could be taken to avert or minimise the adverse effects of such redundancy on employment”; and
  • “the possible measures that could be taken to mitigate the adverse effects of any termination on the employees concerned”,

(the “Consultation Matters”).

Topics to be covered should include alternatives to making compulsory redundancies, such as a reduction in hours or job-sharing, as well as the availability of any suitable alternative vacancies in the employer’s organisation that the employee could be offered.

At present, employers are only required to inform and consult with the employee’s trade union or other representative, if they have one (although, as good practice, many employers will already go through at least an informal consultation process with an employee before making them redundant). Further, the law currently provides that employers must take these steps “as soon as practicable”, but from 1 June 2021 the information and consultation requirements must be carried out “not less than 14 days” before giving notice of termination.

This is the first time that employers will be under a legal obligation to inform and consult directly with employees on redundancies. Failure to follow the new requirements could have serious consequences: the employee’s termination could be unlawful, meaning that they may be able to bring a claim for reinstatement or re-engagement, or compensation for unfair dismissal.

Redundancy process

To ensure compliance with the new statutory obligations and with best practice, we suggest that employers follow a redundancy process which includes at least the following steps:

  • An initial meeting at which the affected employee(s) are informed that they are ‘at risk’ of redundancy. The Statutory Information can be given at this meeting and/or confirmed in writing thereafter;
  • A fair redundancy selection process should then be conducted, if required;
  • Employees identified for redundancy should then be invited to a formal consultation meeting, during which the Consultation Matters should be discussed. Further consultation meetings may be necessary if issues arise at the first meeting which require further investigation or consideration.

Once the consultation process has concluded, and assuming no alternative to redundancy has been identified, the employer can proceed to give notice of termination. Each of the steps above will need to be taken at least 14 days before notice is given.

Lay offs

Under section 32 of the Act, where any of the conditions of redundancy exist an employer may lay off an employee for a continuous period not exceeding four months.

Currently, there are no specific information or consultation requirements that employers must comply with in order to implement lay offs. From 1 June 2021, employers will be subject to a new obligation to provide the following information to the employee, and their trade union or other representative (if any), as soon as practicable:

  • “the existence of the relevant condition of redundancy”;
  • “the reasons for the lay off contemplated”; and
  • “the period over which such lay off is likely to be carried out”.

The origins of this new requirement can likely be traced to the increased focus on the lay off provisions in the Act during 2020, when the impact of the covid-19 pandemic resulted in a significant number of lay offs. This new requirement will increase protection and transparency for employees who are laid off in future.

Summary

The new requirements discussed in this article will involve a significant change to many employers’ current HR practices and will substantially increase legal protections for employees, and risks for employers, in the context of workforce reductions.

Anyone with any questions concerning how these amendments may impact their business can contact a member of our Employment and Immigration Practice: Bradley Houlston ([email protected]) or Jordan Knight ([email protected]).

Share
More publications
Economic Substance
27 Apr 2026

Economic substance regime now falls under Cita

Recent amendments to Bermuda’s economic substance regime have transferred regulatory responsibility from the Registrar of Companies to the Corporate Income Tax Agency.

Appleby-Website-Private-Client-and-Trusts-Practice
22 Apr 2026

Regulation, Regulation, Regulation

The article discusses updates to global trust guidance and regulation, as well as beneficial ownership and the regulatory burden on trustees that comes with increased transparency.

Appleby-Website-Private-Client-and-Trusts-Practice-1905px-x-1400px
15 Apr 2026

Purpose trusts: Bermuda’s answer to modern asset structuring

Purpose trusts represent a notable development in modern trust law, particularly within offshore financial jurisdictions such as Bermuda. Unlike traditional private trusts, which are established for the benefit of identifiable beneficiaries, purpose trusts are created to achieve specific objectives or purposes. Historically, common law jurisdictions were reluctant to recognise such arrangements due to the absence of beneficiaries capable of enforcing the trust. However, legislative reforms in Bermuda have significantly expanded the scope of trust law by expressly validating noncharitable purpose trusts. Through the enactment of the Trusts (Special Provisions) Act 1989 (‘the 1989 Act’), Bermuda introduced a statutory framework that allows trusts to exist for defined purposes, provided certain legal requirements are satisfied. This innovation has made Bermuda a leading jurisdiction for the establishment of purpose trusts, particularly in the fields of international finance, corporate structuring and private wealth management. This article examines the legal foundations of purpose trusts under Bermuda law, focusing on their historical development, statutory framework, requirements for validity, enforcement mechanisms and practical applications.

Website-Code-Bermuda-1
10 Apr 2026

Bermuda Regulatory Update – Economic Substance Amendment Act 2026

On 31 March 2026, the Economic Substance Amendment Act 2026 and the Economic Substance Amendment Regulations 2026 (together, the “2026 Amendments”) came into force, enacting changes to the Economic Substance Act 2018 (“ES Act”) and Economic Substance Regulations 2018.

ICLG Fintech 21 cover
10 Apr 2026

Digital asset developments and Bermuda’s regulatory readiness

While frightening to some, “finance bros” and “tech bros” are now wearing the same gilets as traditional finance products and structures are being infused with digital asset adaptation.

Appleby-Website-Insurance-and-Reinsurance
1 Apr 2026

Q1’26 Suggests Cat Bond Issuance Could Reach $20bn Again, Private ILS & Sidecar Surge to Continue

It’s been an exceptionally busy start to the year for the catastrophe bond sector, with Q1’26 officially becoming the second highest Q1 on record in terms of total catastrophe bond issuance, which indicates that 2026 could end up reaching the $20 billion+ milestone once again, Brad Adderley, Managing Partner at law firm Appleby has said.

Trust Disputes
27 Mar 2026

Privy Council decision in X Trusts – redefining the role of the protector

On 19 March 2026, the Judicial Committee of the Privy Council (JCPC) delivered its long-awaited judgment regarding the role of a fiduciary protector in the administration of a trust (A and 6 others (Appellants) v C and 13 others (Respondents) [2026] UKPC 11, on appeal from the Court of Appeal of Bermuda). The decision of the JCPC was unanimous, with the judgment being given by Lords Briggs and Richards.

Appleby-Website-Insurance-and-Reinsurance
26 Mar 2026

Latin American risks and the Bermuda market

Bermuda’s decades-long efforts to welcome Latin American risks to the island’s re/insurance market have borne fruit in the form of the many LatAm captive insurers that have become domiciled here.

Appleby-Website-Insurance-and-Reinsurance
24 Mar 2026

Navigating Bermuda’s New Recovery Planning Requirements: A Roadmap for Commercial Insurers

On 20 March 2026, the Bermuda Monetary Authority (BMA) issued an updated Guidance Note for Recovery Planning Requirements (Guidance Note). The Guidance Note assists Bermuda commercial insurers’ compliance with the obligations set out in the Insurance (Prudential Standards) (Recovery Plan) Rules 2024 (Rules), which became operative on 1 May 2025.