Optare Group Ltd v Transport and General Workers Union EAT/0143/07

redundancy consultation | proposing to dismiss | volunteers

The EAT has held that employees who volunteered for redundancy should be included when establishing the number of employees the employer was proposing to dismiss for redundancy for the purposes of the statutory consultation requirements.

Under the Trade Union and Labour Relations (Consolidation) Act 1992, section 188, if an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a 90-day period or less it must consult appropriate representatives of the affected employees.