The Employment Appeal Tribunal (EAT) has held that, even where “special circumstances” existed in a collective redundancy situation, the employer was not totally relieved from its obligations to consult with the affected employees. However, the EAT allowed part of the appeal by remitting the matter of the protective award back to the tribunal.
This article summarises the main issues and outcomes in five tribunal cases where it was claimed that the employer failed to consult with trade union or employee representatives when it was proposing to make 20 or more employees redundant. Although the decisions are not binding on other tribunals, they provide useful illustrations of situations that have led to employers facing claims for failing to inform and consult on collective redundancies.
Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.
In Akavan Erityisalojen Keskusliitto AEK Ry and others v Fujitsu Siemens Computers Oy  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.
HR and legal information and guidance relating to redundancy information and consultation.