Introduction

You Can No Longer Just Issue a Notice and Start the Clock. The Rules Have Changed.

For years, the retrenchment process in Trinidad and Tobago — while procedurally outlined in law — allowed employers considerable control over timing and execution. That level of discretion is being significantly curtailed under the 2026 Severance Amendment Bill, and organisations that don’t adapt their internal processes will be exposed.

Under the proposed framework, employers will be required to:

  • Engage in good-faith consultation with unions or affected employees
  • Disclose relevant information to support meaningful discussions
  • Explore alternatives to redundancy, such as redeployment or reduced hours
  • Conduct consultation within a defined period (generally up to 21 days, unless extended by agreement)

This marks a clear shift towards ensuring that consultation is not merely procedural, but a genuine and substantive part of the decision-making process. This is not a tick-box exercise. The law is signalling that consultation must be substantive, documented, and defensible.

While the standard 45-day notice period remains in place, it now runs differently. Under the current law, it is now directly tied to this structured approval process, rather than running from the date of notice at the employer’s discretion.

Another notable addition under the proposed amendments is the introduction of a priority rehiring obligation, which aims to promote fairness and continuity of employment following redundancy, creating a pathway back into employment within the same organization.

Under the new provisions, where an employer makes a worker redundant and subsequently seeks to fill the same or substantially similar role within six months, the employer is required to give first preference to the former employee, provided that the individual has indicated a willingness to be rehired. These changes require updated HR policies, revised contract language, and clear internal protocols.

Moore TT’s Corporate & Advisory Services team works with organisations to translate legislative change into operational readiness — from policy reviews to workforce cost planning and process restructuring.

The process is changing. Is your organisation ready to comply? Let’s talk.