Case report round-up: £10,000 penalty imposed for breach of information and consultation Regulations

XpertHR's latest case reports cover:

Informing and consulting: £10,000 penalty for breach of information and consultation Regulations In Darnton v Bournemouth University [2010] IRLR 294 EAT, the EAT held that the employer's error regarding the deadline for negotiation of an information and consultation agreement did not amount to a reasonable excuse for its failure to comply with the information and consultation Regulations. It awarded a penalty of £10,000. (Employment Review)
Whistleblowing: Opinion on discretionary redundancy scheme not protected disclosure In Goode v Marks & Spencer plc EAT/0442/09, the EAT held that an employment tribunal was right to find that an employee had not been dismissed because of having made a protected disclosure. There had been no qualifying or protected disclosure, but merely an opinion expressed about the employer's proposal for changes to a discretionary enhanced redundancy scheme. (Employment Review)
Guidance on pay in lieu of notice clauses In Geys v Societe Generale, London Branch [2010] EWHC 648 HC, the High Court held that a bank's failure to expressly inform an employee that it was summarily terminating his employment under a pay in lieu of notice clause meant that his employment terminated at a later date, and that he was entitled to a larger termination payment. (Personnel Today)

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