Information and consultation
In Gesamtbetriebsrat der Kühne & Nagel AG & Co KG v Kühne & Nagel AG & Co KG, the ECJ holds that articles 4(1) and 11(1) of the European Works Councils Directive require that where the central management of a Community-scale group of undertakings is not located in one of the EU member states, the responsibility for providing the employees' representatives with the information essential to the opening of negotiations for the establishment of a European Works Council lies with the deemed central management.
In Susie Radin v GMB and others [2004] IRLR 400 CA, the Court of Appeal held that the employment tribunal had not erred in making a protective award for the maximum period of 90 days in respect of the employers' failure to consult with the union over a proposal to close a factory and dismiss all employees as redundant, notwithstanding the tribunal's finding in relation to the employees' claims of unfair dismissal that, in those circumstances, consultation would have been futile.
In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.
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In Alamo Group (Europe) Ltd v (1) Tucker (2) Twose of Tiverton Ltd, the EAT holds that where a transferor fails to comply with its duty to inform and consult upon a relevant transfer, liability for that failure passes to the transferee under reg. 5 of the TUPE Regulations.
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In MSF v Refuge Assurance plc and United Friendly Assurance, the EAT holds that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered when there is an actual "proposal" to dismiss employees.
In Middlesbrough Borough Council v Transport and General Workers' Union and another, the EAT upholds an employment tribunal's finding of fact that an employer failed to consult representatives of two trade unions that it recognised, in respect of more than 100 employees whom it was proposing to make redundant within 90 days, about ways of avoiding the dismissals.
The right of employees or their representatives to request information from their employers under the European Works Councils Directive constitutes a "necessary prerequisite" for determining whether a European-scale undertaking exists, rules the European Court of Justice in Betriebsrat der bofrost Josef H Boquoi Deutschland West GmbH & Co KG v Bofrost Josef H Boquoi Deutschland West GmbH & Co KG.
An employer that gave notice to terminate employees' existing contracts of employment, and offered to re-engage them on new terms, had a duty to consult employee representatives before imposing the new terms, holds the EAT in GMB v Man Truck & Bus UK Ltd.
Employment law cases: HR and legal information and guidance relating to information and consultation.