In Lancaster University v University and College Union [2011] IRLR 4 EAT, the EAT held that the university failed to comply with its statutory obligations to consult collectively on the expiry of fixed-term contracts. The tribunal was also entitled to make a protective award of 60 days' pay.
In Todd v Strain and others [2011] IRLR 11 EAT, the EAT held that the duty to give employee representatives information about a forthcoming transfer applies even where there are no measures being proposed that give rise to a duty to consult the representatives. Informing individual employees rather than representatives did not amount to compliance with the information requirements, but should have led the tribunal to award less than the maximum compensation of 13 weeks' pay.
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.
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.