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.
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.
In Unison v Somerset County Council and others EAT/0043/09, the EAT held that the employees "affected by" a TUPE transfer for the purposes of consultation with employee representatives were those who would or might be transferred, those whose job is jeopardised by the proposed transfer, and those with internal job applications pending. The definition did not extend to those who might in the future apply for a vacancy in the part of the undertaking transferred.