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.
An unfortunate situation arose for this small employer when a recruitment consultant was made redundant after she had informed it, just two weeks into her new job, that she was pregnant. She claimed sex discrimination and unfair dismissal after seeing an advert shortly after her redundancy stating that the company was seeking recruitment consultants.
In this decision, the employment tribunal was critical of a local authority that failed to keep an employee at risk of redundancy in employment for six more months during a transitional period. The decision had been taken to avoid a pension payout and constituted direct age discrimination and unfair dismissal.
The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.