Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In Amicus v GBS Tooling Ltd (in administration), the EAT holds that, under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992, to make a protective award against an employer in respect of breaches of s.188, an employment tribunal is entitled and obliged to assess the seriousness of the breach, taking into account its nature and any mitigating circumstances.
Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In Hardy v Tourism South East, the EAT holds that a proposal to redeploy 26 employees on the closure of a regional office amounted to a plan to dismiss 20 or more employees and fell within s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
In Junk v Kühnel, the ECJ holds that articles 2 to 4 of Directive 98/59/EC on collective redundancies must be construed as meaning that the event constituting "redundancy" is the declaration by the employer of its intention to terminate the employees' contracts of employment.
In Kaur v MG Rover Group Ltd, the Court of Appeal held that a provision in a collective agreement saying there would be no compulsory redundancies was no more than an aspirational statement and could not be incorporated into individual contracts of employment.