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Redundancy: Duty to consult over non-union members

This report relates to 1 case(s)

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    Governing Body of the Northern Ireland Hotel and Catering College and North Eastern Education and Library Board v National Association of Teachers In Further and Higher Education [1995] IRLR 83 NICA (0 other reports)

The Court of Appeal in Northern Ireland affirms that an employer's statutory obligation to consult a trade union about proposed redundancies arises where the redundancies relate to a description or category of employee in respect of which the union is recognised, whether or not the employees in question are members of that union. In Governing Body of the Northern Ireland Hotel and Catering College and North Eastern Education and Library Board v National Association of Teachers in Further and Higher Education the union was recognised by the employer in respect of the relevant category of employees - college lecturers - and it should have been consulted in connection with the proposed redundancy of two lecturers, even though they both belonged to another union.

The Northern Ireland Hotel and Catering College was one of eight further education colleges within the area of the North Eastern Education and Library Board.