Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
In MSF v Refuge Assurance plc and United Friendly Assurance, the EAT holds that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered when there is an actual "proposal" to dismiss employees.
In Middlesbrough Borough Council v Transport and General Workers' Union and another, the EAT upholds an employment tribunal's finding of fact that an employer failed to consult representatives of two trade unions that it recognised, in respect of more than 100 employees whom it was proposing to make redundant within 90 days, about ways of avoiding the dismissals.
The right of employees or their representatives to request information from their employers under the European Works Councils Directive constitutes a "necessary prerequisite" for determining whether a European-scale undertaking exists, rules the European Court of Justice in Betriebsrat der bofrost Josef H Boquoi Deutschland West GmbH & Co KG v Bofrost Josef H Boquoi Deutschland West GmbH & Co KG.
An employer that gave notice to terminate employees' existing contracts of employment, and offered to re-engage them on new terms, had a duty to consult employee representatives before imposing the new terms, holds the EAT in GMB v Man Truck & Bus UK Ltd.
In Scotch Premier Meat Ltd v Burns and others [2000] IRLR 639 EAT, the EAT held that an employment tribunal had not erred in holding that the employers were "proposing to dismiss as redundant 20 or more employees" within the meaning of s.188 of the Trade Union and Labour Relations (Consolidation) Act, notwithstanding that, as an alternative option, they were considering selling the business as a going concern.