In Lancaster University v University and College Union [2011] IRLR 4 EAT, the EAT held that the university failed to comply with its statutory obligations to consult collectively on the expiry of fixed-term contracts. The tribunal was also entitled to make a protective award of 60 days' pay.
In Shanahan Engineering v Unite the Union EAT/0411/09, the EAT held that an employment tribunal was right to find that, in relation to collective redundancy consultation, although a customer's instruction amounted to "special circumstances", absolving the employer of the need to start consultation 30 days in advance of the first redundancy, it did not absolve it of all obligations to consult. However, the tribunal should have taken into account the special circumstances of the case in setting the level of the protective award.