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- Date:
- 8 October 2010
- Type:
- Employment law cases
In Brown v G4 Security (Cheltenham) EAT/0526/09, the EAT imposed a penalty of £20,000 on an employer that failed to comply with its obligations under the Information and Consultation of Employees Regulations 2004. The number of affected employees has limited relevance in determining the gravity of the breach.
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- Type:
- FAQs
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- Type:
- FAQs
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- Type:
- FAQs
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- Type:
- How to
Practical guidance on avoiding a dispute escalating into industrial action, including understanding when a strike or other action is lawful; negotiating with a trade union; mediation and arbitration; and obtaining an injunction.
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- Date:
- 28 June 2010
- Type:
- Employment law cases
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.
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- Date:
- 24 June 2010
- Type:
- Employment law cases
The Court of Appeal has handed down its full judgment overturning an injunction preventing British Airways cabin crew from striking.
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- Date:
- 14 June 2010
- Type:
- Employment law cases
In Shanahan Engineering v Unite the Union EAT/0411/09, the EAT held that an employment tribunal was right to find that, in relation to collective redundancy consultation, although a customer's instruction amounted to "special circumstances", absolving the employer of the need to start consultation 30 days in advance of the first redundancy, it did not absolve it of all obligations to consult. However, the tribunal should have taken into account the special circumstances of the case in setting the level of the protective award.
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- Type:
- Employment law cases
Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.
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- Date:
- 1 June 2010
- Type:
- Employment law cases
In Malone and others v British Airways plc [2010] IRLR 431 HC, the High Court held that the provisions of a collective agreement purporting to set "minimum" cabin crew numbers for different routes and types of craft were not incorporated into individual employees' contracts of employment. In any event, an injunction would not be granted to restrain the employer from reducing cabin crew numbers below the levels specified, and, even if there had been a breach of contract, any award for damages would be for a nominal amount only.