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.
This employer was told by the police that a non-negotiable condition of retaining the licence for its nightclub business, without which it would have to close, was the removal of an employee who had allegedly poorly handled incidents of violent crime in the nightclub.
Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
In Woodcock v Cumbria Primary Care Trust [2012] IRLR 491 CA, the Court of Appeal held that the employer was justified in issuing a redundancy dismissal notice to an employee prior to formal consultation so as to avoid his remaining in its employment until his 50th birthday.
A model contract clause regarding third-party pressure to dismiss for use when drafting the terms and conditions of employment of an employee who works on the site of a third party.