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Collective redundancies: Late consultation with union still 'in good time'

This report relates to 1 case(s)

Key points

In Amicus v Nissan Motor Manufacturing (UK) Ltd UKEAT/0184/05/DA, the EAT holds:

  • The tribunal was correct to find that consultation by an employer proposing to relocate 62 employees took place "in good time", as required by s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992, despite the fact that the employer failed to consult the union until three weeks before the affected employees had to indicate their willingness to be relocated.
  • Further, the tribunal could not adopt a mechanistic or calendar approach and would have to look at the facts in order to determine the appropriate time for consultation to enable the aims set out in s.188 to be achieved.