In a case about the pre-6 April 2013 legal position, the Supreme Court has overturned the Court of Session decision that dismissals that resulted from the expiry of fixed-term contracts did not count towards the threshold for triggering collective redundancy consultation obligations.
Practical guidance on negotiating changes to terms and conditions with a trade union, including the difference between collective bargaining and consultation.
The Advocate General has taken the view that, when deciding whether or not collective redundancy consultation obligations are triggered, the number of proposed redundancies should be measured in the "local employment unit" to which the potentially redundant employees are assigned to carry out their duties, rather than the whole organisation.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) held that employment tribunals have no jurisdiction to entertain freestanding claims by transferred employees against the transferee for its failure to provide the transferor with information about the measures that it envisages it will take in relation to the transferring employees.
Use this redundancy workflow to carry out an election of employee representatives for collective redundancy consultation purposes.
Use this TUPE workflow to carry out an election of employee representatives for information and consultation purposes in accordance with the requirements of the TUPE Regulations 2006, where there is no independent trade union recognised in respect of the affected employees.
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.
The European Court of Human Rights has held that UK laws that prohibit secondary or "sympathy" industrial action do not violate art.11 of the European Convention on Human Rights, which covers freedom of assembly and association.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to collective employee relations.