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- Type:
- FAQs
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- Type:
- FAQs
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- Date:
- 1 March 2010
- Type:
- Employment law cases
Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.
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- Date:
- 23 November 2009
- Type:
- Employment law cases
In Akavan Erityisalojen Keskusliitto AEK Ry and others v Fujitsu Siemens Computers Oy [2009] IRLR 944 ECJ, the ECJ held that an employer's duty under the Collective Redundancies Directive to consult workers' representatives about the possibility of redundancies arises when strategic decisions or changes in activities make the employer contemplate or plan for collective redundancies.
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- Date:
- 29 August 2008
- Type:
- Employment law cases
In Haine and another v Day [2008] IRLR 642, the Court of Appeal held that a protective award made after the employer company went into liquidation in respect of its failure to consult before making collective redundancies was a provable, and therefore potentially recoverable, debt.
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- Date:
- 27 February 2008
- Type:
- Employment law cases
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
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- Date:
- 25 February 2008
- Type:
- Employment law cases
In Hutchins v Permacell Finesse Ltd (in administration) EAT/0350/07, the EAT held that the starting point for determining a protective award is 90 days' pay, even where fewer than 100 redundancies are involved and the minimum consultation period is 30 days.
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- Date:
- 24 November 2007
- Type:
- Employment law cases
In UK Coal Mining Ltd v (1) National Union of Mineworkers (Northumberland Area) (2) The British Association of Colliery Management EAT/0397/06 & EAT/0141/07, the EAT held that the duty to consult about ways of "avoiding" redundancies inevitably involves consultation about the reasons behind the proposed dismissals and, contrary to previous authority, is not limited to consultation about how the redundancies are to be effected.
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- Date:
- 4 September 2007
- Type:
- Employment law cases
In Optare Group Ltd v Transport and General Workers Union EAT/0143/07 the Employment Appeal Tribunal held that a tribunal was right to hold that voluntary redundancies counted towards the total number of proposed redundancy dismissals at an establishment, which in this case was sufficient to trigger the statutory collective consultation requirements.
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- Date:
- 17 April 2007
- Type:
- Employment law cases
In Transport & General Workers' Union v Brauer Coley Ltd (in administration) [2007] IRLR 207 EAT the Employment Appeal Tribunal held that where a trade union is successful in proceedings brought for failure to consult on collective redundancies, the protective award cannot be claimed by any employees in respect of whom the trade union was not recognised by the employer.