Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In Amicus v GBS Tooling Ltd (in administration), the EAT holds that, under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992, to make a protective award against an employer in respect of breaches of s.188, an employment tribunal is entitled and obliged to assess the seriousness of the breach, taking into account its nature and any mitigating circumstances.
Practical guidance on holding an election for employee representatives (non-union), for example for the purposes of the Information and Consultation of Employees Regulations 2004, setting up a negotiation body for a European Works Council, negotiating a workforce agreement or consulting on health and safety.
In Hardy v Tourism South East, the EAT holds that a proposal to redeploy 26 employees on the closure of a regional office amounted to a plan to dismiss 20 or more employees and fell within s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
In Junk v Kühnel, the ECJ holds that articles 2 to 4 of Directive 98/59/EC on collective redundancies must be construed as meaning that the event constituting "redundancy" is the declaration by the employer of its intention to terminate the employees' contracts of employment.