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Collective redundancies: 'Proposing to dismiss' may include proposing to redeploy

This report relates to 1 case(s)

  • expand disabled

    Hardy v Tourism South East [2005] IRLR 242 EAT (0 other reports)

Key points

In Hardy v Tourism South East, the EAT holds:

  • 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.
  • By the end of the 90-day period for consultation under s.188, when it was apparent that more than 20 people would have to be made redundant, some employees had still not been consulted and a protective award needed to be made.