Redundancy information and consultation
In Valimulla v Al-Khair Foundation, the Employment Appeal Tribunal (EAT) held that a redundancy dismissal was unfair because consultation took place after the decision had already been made to have a redundancy pool of one.
In De Bank Haycocks v ADP RPO UK Ltd, the Employment Appeal Tribunal (EAT), overturned the tribunal's decision and held that the employee's dismissal for redundancy was unfair because there was an absence of meaningful consultation at the formative stage of the redundancy process.
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.
The Employment Appeal Tribunal has held that a school's obligation to consult on collective redundancies arose when a provisional decision was made in February 2013 that the school would close unless the pupil intake number improved by April 2013.
In this Northern Irish reference, the European Court of Justice (ECJ) has held that each of a retailer's store is capable of constituting an "establishment" for redundancy consultation purposes.
Employment law cases: HR and legal information and guidance relating to redundancy information and consultation.