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Collective redundancies - information and consultation

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  • Date:
    4 September 2007
    Type:
    Employment law cases

    Redundancy: Volunteers for redundancy did not resign but were dismissed

    In Optare Group Ltd v Transport and General Workers Union EAT/0143/07 the Employment Appeal Tribunal held that a tribunal was right to hold that voluntary redundancies counted towards the total number of proposed redundancy dismissals at an establishment, which in this case was sufficient to trigger the statutory collective consultation requirements.

  • Date:
    17 April 2007
    Type:
    Employment law cases

    Protective awards: A protective award for failure to consult a recognised trade union does not extend to cover employees in respect of whom the trade union is not recognised

    In Transport & General Workers' Union v Brauer Coley Ltd (in administration) [2007] IRLR 207 EAT the Employment Appeal Tribunal held that where a trade union is successful in proceedings brought for failure to consult on collective redundancies, the protective award cannot be claimed by any employees in respect of whom the trade union was not recognised by the employer.

  • Date:
    1 November 2006
    Type:
    Employment law cases

    Collective redundancies: Tribunal's discretion in making protective awards

    In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.

  • Date:
    4 August 2006
    Type:
    Employment law cases

    Collective redundancies: No fresh compliance with duty to consult required

    In Vauxhall Motors Ltd v Transport and General Workers Union EAT/0657/05, the Employment Appeal Tribunal holds that where an employer commences consultation in compliance with the statutory requirements, but no redundancies take place until a much later date, no fresh compliance will be required if meaningful consultation has continued during the interim period.

  • Type:
    FAQs

    What duties do employee representatives elected for redundancy consultation have?

  • Date:
    20 January 2006
    Type:
    Employment law cases

    Collective redundancies: Late consultation with union still 'in good time'

    In Amicus v Nissan Motor Manufacturing (UK) Ltd, the EAT holds that the tribunal was correct to find that consultation by an employer proposing to relocate 62 employees took place "in good time", despite the fact that the employer failed to consult the union until three weeks before the affected employees had to indicate their willingness to be relocated.

  • Type:
    Employment law cases

    Case round-up

    Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

  • Type:
    Employment law cases

    Case round-up

    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.

  • Date:
    30 September 2005
    Type:
    Employment law cases

    Redundancy: Protective award reduced to reflect information given

    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.

  • Date:
    29 April 2005
    Type:
    Employment law cases

    Collective redundancies: 'Proposing to dismiss' may include proposing to redeploy

    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.

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HR and legal information and guidance relating to collective redundancies - information and consultation.