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Collective redundancies: 'Proposing to dismiss' means 'proposing to give notice'

This report relates to 1 case(s)

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    Leicestershire County Council v Unison [2005] IRLR 920 EAT (0 other reports)

In Leicestershire County Council v Unison 12.9.05, UKEAT/0066/05/DM, the EAT hold that, in the light of the Collective Redundancies Directive (98/59/EC) and the European Court of Justice decision in Junk v Kühnel [2005] IRLR 310, the tribunal had been correct to find that "proposing to dismiss" in s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 ("TULR(C)A") should be construed as "proposing to give notice of dismissal" and finding that the employer had breached its obligation to consult.