Employment law cases

All items: Information and consultation

  • TUPE case law update

    Date:
    27 February 2008

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Collective redundancies: Protective award starts at 90 days' pay

    Date:
    25 February 2008

    In Hutchins v Permacell Finesse Ltd (in administration) EAT/0350/07, the EAT held that the starting point for determining a protective award is 90 days' pay, even where fewer than 100 redundancies are involved and the minimum consultation period is 30 days.

  • Redundancy: Employers must consult over reasons for closure

    Date:
    24 November 2007

    In UK Coal Mining Ltd v (1) National Union of Mineworkers (Northumberland Area) (2) The British Association of Colliery Management EAT/0397/06 & EAT/0141/07, the EAT held that the duty to consult about ways of "avoiding" redundancies inevitably involves consultation about the reasons behind the proposed dismissals and, contrary to previous authority, is not limited to consultation about how the redundancies are to be effected.

  • Information and consultation: Penalty imposed for serious breach

    Date:
    15 October 2007

    Where the Central Arbitration Committee has found an employer to be in breach of certain obligations under the Information and Consultation of Employees Regulations 2004, the EAT may order the employer to pay a financial penalty to the secretary of state. In the first case to arise on this point, Amicus v MacMillan Publishers Ltd EAT/0185/07, the EAT ordered the employer to pay £55,000 in respect of a "very grave" breach.

  • Redundancy: Volunteers for redundancy did not resign but were dismissed

    Date:
    4 September 2007

    In Optare Group Ltd v Transport and General Workers Union EAT/0143/07 the Employment Appeal Tribunal held that a tribunal was right to hold that voluntary redundancies counted towards the total number of proposed redundancy dismissals at an establishment, which in this case was sufficient to trigger the statutory collective consultation requirements.

  • Case round-up

    Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.

  • Protective awards: A protective award for failure to consult a recognised trade union does not extend to cover employees in respect of whom the trade union is not recognised

    Date:
    17 April 2007

    In Transport & General Workers' Union v Brauer Coley Ltd (in administration) [2007] IRLR 207 EAT the Employment Appeal Tribunal held that where a trade union is successful in proceedings brought for failure to consult on collective redundancies, the protective award cannot be claimed by any employees in respect of whom the trade union was not recognised by the employer.

  • TUPE case law update

    Date:
    2 February 2007

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Collective redundancies: Tribunal's discretion in making protective awards

    Date:
    1 November 2006

    In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.

  • Information and consultation: "Pre-existing agreements" - compliance with information and consultation criteria

    Date:
    20 October 2006

    In Stewart v Moray Council [2006] IRLR 592 EAT, the Employment Appeal Tribunal holds that where multiple pre-existing agreements collectively cover all employees, each must be approved by the employees covered by that particular agreement and detail how the employees will be informed and consulted.

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Employment law cases: HR and legal information and guidance relating to information and consultation.