Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.
The Advocate General has taken the view that the obligation on an employer to consult on collective redundancies is triggered when it makes a strategic or commercial decision that compels it to contemplate or plan for collective redundancies.
The Employment Appeal Tribunal has held that, where a dismissal is because of the normal expiry of a fixed-term contract, the dismissal does not count for the purposes of collective redundancy consultation, because one of the reasons for dismissal will be "related to the individual concerned".
In this case, the employment tribunal awarded 24,000 Woolworths employees 60 days' pay for the company's failure to consult collectively on their redundancies. However, around 3,000 staff who worked in Woolworths stores that had fewer than 20 employees missed out on protective awards, a result that is likely to be appealed.
The employer in this case fell into the classic trap of burying its head in the sand and failing to consult collectively with employees over the realistic possibility that its business might close and its workforce be made redundant.
A table setting out the information to be communicated to representatives for collective redundancies.
HR and legal information and guidance relating to collective redundancies.