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Redundancy information and consultation

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  • Date:
    4 September 2007
    Type:
    Law reports

    Redundancy: Volunteers for redundancy did not resign but were dismissed

    In Optare Group Ltd v Transport and General Workers Union EAT/0143/07 the Employment Appeal Tribunal held that a tribunal was right to hold that voluntary redundancies counted towards the total number of proposed redundancy dismissals at an establishment, which in this case was sufficient to trigger the statutory collective consultation requirements.

  • Date:
    23 July 2007
    Type:
    Law reports

    Optare Group Ltd v Transport and General Workers Union

    In Optare Group Ltd v Transport and General Workers Union EAT/0143/07, the Employment Appeal Tribunal has held that employees who volunteered for redundancy should be included when establishing the number of employees the employer was proposing to dismiss for redundancy for the purposes of the statutory consultation requirements.

  • Date:
    17 April 2007
    Type:
    Law reports

    Protective awards: A protective award for failure to consult a recognised trade union does not extend to cover employees in respect of whom the trade union is not recognised

    In Transport & General Workers' Union v Brauer Coley Ltd (in administration) [2007] IRLR 207 EAT the Employment Appeal Tribunal held that where a trade union is successful in proceedings brought for failure to consult on collective redundancies, the protective award cannot be claimed by any employees in respect of whom the trade union was not recognised by the employer.

  • Date:
    1 February 2007
    Type:
    Law reports

    European Court of Justice: Exclusion of young workers breaches EU law

    The European Court of Justice has ruled that the EU Directives on informing and consulting employees and on collective redundancies preclude national legislation that excludes, even temporarily, a specific category of workers from the calculation of staff numbers within the meaning of these provisions.

  • Date:
    28 November 2006
    Type:
    Law reports

    Case round-up: Protective awards

    This week's case round-up from Eversheds, covering protective awards.

  • Date:
    17 November 2006
    Type:
    Law reports

    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:
    3 November 2006
    Type:
    Law reports

    Unfair dismissal: Use of statutory defence in procedurally unfair dismissal limited

    In Mason v Governing Body of Ward End Primary School [2006] IRLR 432 EAT, the Employment Appeal Tribunal holds that the "no difference" rule in s.98A(2) of the Employment Rights Act 1996 applies only where the employer has failed to follow "a procedure" in existence at the time of the dismissal, and not to other failings not set out in a specific procedure.

  • Date:
    1 November 2006
    Type:
    Law reports

    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:
    Law reports

    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.

  • Date:
    3 February 2006
    Type:
    Law reports

    Redundancy: Consultation period not automatically extended to end of maternity leave

    In Calor Gas Ltd v Bray, the EAT holds that the employment tribunal was incorrect to hold that, in the case of a woman who was on maternity leave at the time she was made redundant, redundancy consultation was automatically extended to the end of her maternity leave.