Information and consultation
A model letter to start the process for electing employee representatives for informing and consulting on a TUPE transfer.
In Keeping Kids Company (in compulsory liquidation) v Smith and others, the Employment Appeal Tribunal (EAT) ruled that events occurring after redundancy proposals did not excuse a charity's obligation to consult collectively, but could potentially be relied on to reduce the amount of the protective award.
In Guisado v Bankia SA and others, the European Court of Justice (ECJ) held that there is nothing in EU law to prevent a pregnant worker from being included in collective redundancies.
The Court of Appeal has held that the legislative provision that excludes park police constables from enjoying collective consultation rights is in breach of their, and their union's, art.11 rights under the European Convention on Human Rights.
In University of London v Morrissey, the Employment Appeal Tribunal (EAT) found that the University of London breached the Information and Consultation of Employees Regulations 2004, when it asked two recognised trade unions, whose members constituted around 25% of the workforce, to nominate employee representatives.
The European Court of Justice (ECJ) has directed that a constructive dismissal resulting from the employer unilaterally reducing the employee's pay must be treated as a redundancy for the purposes of calculating when an employer's information and consultation obligations apply under the Collective Redundancies Directive.
A Northern Ireland tribunal has awarded protective awards of 90 days' pay to former City Link employees over the company's failure to consult on their redundancies.
The Supreme Court has held that the US Government had collective redundancy consultation obligations towards civilian workers during the closure of a US army base in the UK.
David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that a school's obligation to consult on collective redundancies arose when a provisional decision was made in February 2013 that the school would close unless the pupil intake number improved by April 2013.
HR and legal information and guidance relating to information and consultation.