Employment law cases

All items: Collective redundancies - information and consultation

  • Case round-up

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.

  • Redundancy: ECJ rules on consultation provisions in Collective Redundancies Directive

    Date:
    23 November 2009

    In Akavan Erityisalojen Keskusliitto AEK Ry and others v Fujitsu Siemens Computers Oy [2009] IRLR 944 ECJ, the ECJ held that an employer's duty under the Collective Redundancies Directive to consult workers' representatives about the possibility of redundancies arises when strategic decisions or changes in activities make the employer contemplate or plan for collective redundancies.

  • Collective redundancies: Employer company liable for post-liquidation protective award

    Date:
    29 August 2008

    In Haine and another v Day [2008] IRLR 642, the Court of Appeal held that a protective award made after the employer company went into liquidation in respect of its failure to consult before making collective redundancies was a provable, and therefore potentially recoverable, debt.

  • 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.

  • 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.

  • 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.

  • 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.

  • Collective redundancies: No fresh compliance with duty to consult required

    Date:
    4 August 2006

    In Vauxhall Motors Ltd v Transport and General Workers Union EAT/0657/05, the Employment Appeal Tribunal holds that where an employer commences consultation in compliance with the statutory requirements, but no redundancies take place until a much later date, no fresh compliance will be required if meaningful consultation has continued during the interim period.

About this category

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