Information and consultation
An employer that gave notice to terminate employees' existing contracts of employment, and offered to re-engage them on new terms, had a duty to consult employee representatives before imposing the new terms, holds the EAT in GMB v Man Truck & Bus UK Ltd.
In Scotch Premier Meat Ltd v Burns and others  IRLR 639 EAT, the EAT held that an employment tribunal had not erred in holding that the employers were "proposing to dismiss as redundant 20 or more employees" within the meaning of s.188 of the Trade Union and Labour Relations (Consolidation) Act, notwithstanding that, as an alternative option, they were considering selling the business as a going concern.
An "establishment" for the purposes of the EC Collective Redundancies Directive means the unit to which the workers made redundant are assigned to carry out their duties, rules the ECJ in Rockfon A/S v Specialarbejderforbundet i Danmark.
British Coal had a statutory obligation to use a review procedure agreed with the trade unions in relation to proposed pit closures, holds the High Court in R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others.
In Institution of Professional Civil Servants and others v Secretary of State for Defence the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986.
In Transport & General Workers' Union v Ledbury Preserves (1928) Ltd  IRLR 412 EAT, the EAT held that in a potential redundancy situation there must be "sufficient meaningful" consultation before notices of dismissal are sent out.
In The Bakers' Union v Clarks of Hove Ltd  IRLR 366 CA, the Court of Appeal held that the EAT had incorrectly set aside the finding by the Industrial Tribunal that the employers' insolvency was not a special circumstance rendering it not reasonably practicable for them to comply with the redundancy consultation provisions of the Employment Protection Act, section 99.
In Transport & General Workers' Union v Nationwide Haulage Ltd  IRLR 143 IT, the Industrial Tribunal held that the two sets of redundancies were not aggregated since there was no evidence that at the time of making the first set of redundancies there was an intention to follow them shortly with the second set.
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