Max Winthrop, an employment law partner at Short Richardson and Forth LLP, joins us to discuss the best way to avoid tricky issues and pitfalls when managing redundancies.
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.
The Employment Appeal Tribunal (EAT) has held that an employment tribunal failed to consider whether or not the "perfunctory" and "insensitive" nature of a long-serving employee's redundancy consultation made his dismissal unfair.
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.