This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.
The Employment Appeal Tribunal has provided a reminder of how "establishment" should be defined for the purposes of consulting collectively on redundancies under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The employer in this case fell into the classic trap of burying its head in the sand and failing to consult collectively with employees over the realistic possibility that its business might close and its workforce be made redundant.