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Redundancy information and consultation

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  • Date:
    17 November 2006
    Type:
    Employment law cases

    Redundancy selection criteria: Inconsistent application of selection criteria

    In McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) EAT, the Employment Appeal Tribunal holds that redundancy dismissals that were procedurally unfair due to a lack of proper consultation were also unfair because of the employer's inconsistent approach to the assessment of willingness to work overtime and employees' skills range.

  • Date:
    1 November 2006
    Type:
    Employment law cases

    Collective redundancies: Tribunal's discretion in making protective awards

    In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.

  • Date:
    4 August 2006
    Type:
    Employment law cases

    Collective redundancies: No fresh compliance with duty to consult required

    In Vauxhall Motors Ltd v Transport and General Workers Union EAT/0657/05, the Employment Appeal Tribunal holds that where an employer commences consultation in compliance with the statutory requirements, but no redundancies take place until a much later date, no fresh compliance will be required if meaningful consultation has continued during the interim period.

  • Type:
    FAQs

    What duties do employee representatives elected for redundancy consultation have?

  • Date:
    20 January 2006
    Type:
    Employment law cases

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

    In Amicus v Nissan Motor Manufacturing (UK) Ltd, the EAT holds that the tribunal was correct to find that consultation by an employer proposing to relocate 62 employees took place "in good time", 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.

  • Date:
    1 December 2005
    Type:
    Employment law cases

    Case round-up

    Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

  • Date:
    1 November 2005
    Type:
    Employment law cases

    Case round-up

    Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

  • Date:
    30 September 2005
    Type:
    Employment law cases

    Redundancy: Protective award reduced to reflect information given

    In Amicus v GBS Tooling Ltd (in administration), the EAT holds that, under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992, to make a protective award against an employer in respect of breaches of s.188, an employment tribunal is entitled and obliged to assess the seriousness of the breach, taking into account its nature and any mitigating circumstances.

  • Date:
    29 April 2005
    Type:
    Employment law cases

    Collective redundancies: 'Proposing to dismiss' may include proposing to redeploy

    In Hardy v Tourism South East, the EAT holds that a proposal to redeploy 26 employees on the closure of a regional office amounted to a plan to dismiss 20 or more employees and fell within s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

  • Date:
    15 April 2005
    Type:
    Employment law cases

    Collective redundancies: Consultation must precede notice of redundancy

    In Junk v Kühnel, the ECJ holds that articles 2 to 4 of Directive 98/59/EC on collective redundancies must be construed as meaning that the event constituting "redundancy" is the declaration by the employer of its intention to terminate the employees' contracts of employment.

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HR and legal information and guidance relating to redundancy information and consultation.