Information and consultation
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.
A table setting out the employee liability information that the transferor is required to notify the transferee in a TUPE transfer.
In Amicus and another v City Building (Glasgow) LLP and others [2009] IRLR 253 EAT, the EAT held that, after a transfer, the transferee employer is not obliged to consult with representatives of the transferred employees in respect of the measures that it proposes to take.
Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability, writes Lesley Murphy.
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.
In Holis Metal Industries Ltd v GMB and another [2008] IRLR 187, the EAT refused to strike out a claim alleging breach of consultation duties arising pursuant to the TUPE Regulations 2006.
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
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.
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.
HR and legal information and guidance relating to information and consultation.