This week's case of the week, provided by DLA Piper, covers protective awards for collective redundancies.
The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot.
In United States of America v Nolan  IRLR 40 CA, the Court of Appeal decided that the case could not be resolved without further guidance from the ECJ on the stage at which an employer's duty to consult over collective redundancies is triggered.
A table summarising who the appropriate representatives are for collective redundancies.
In Lancaster University v University and College Union  IRLR 4 EAT, the EAT held that the university failed to comply with its statutory obligations to consult collectively on the expiry of fixed-term contracts. The tribunal was also entitled to make a protective award of 60 days' pay.
The Court of Appeal has decided to seek clarification from the European Court of Justice (ECJ) as to when the obligation to consult on collective redundancies arises where an employer proposes closing a workplace.
The Employment Appeal Tribunal has upheld a tribunal decision to reduce a protective award for the employer's failure to undertake collective redundancy consultation due to the union effectively condoning the failure.
HR and legal information and guidance relating to collective redundancies.