David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
In DLA Piper's case of the week, AEI Cables Ltd v GMB and others, the Employment Appeal Tribunal held that the employment tribunal, when setting a protective award for failure to inform and consult on redundancies, should have taken account of the period during which the company was insolvent.
A Northern Ireland industrial tribunal has referred to the European Court of Justice the question of whether or not legislation that requires collective redundancy consultation only where an employer is proposing to make redundant 20 or more employees "at one establishment" is compatible with European law.
The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.
The Employment Appeal Tribunal has considered the definition of "affected employees" in the context of a TUPE transfer and the obligation to inform and consult.
Definition from the XpertHR glossary.
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.
This week's case of the week, provided by DLA Piper, covers protective awards under TUPE.
This week's case of the week, provided by DLA Piper, covers protective awards 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.
HR and legal information and guidance relating to protective awards.