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 Court of Session has held that a dismissal that results from the expiry of a fixed-term contract does not automatically count towards the threshold for triggering collective redundancy consultation obligations.
In DLA Piper's case of the week, AEI Cables Ltd v GMB and others, the Employment Appeal Tribunal held that the employment tribunal, when setting a protective award for failure to inform and consult on redundancies, should have taken account of the period during which the company was insolvent.
Good practice guidance discussing informing and consulting during a collective redundancy process, including how employers and employees can exchange views and ideas, issue and receive instructions, discuss problems and consider developments.
This tribunal decision provides another reminder to employers after Unison v London Borough of Barnet and another ET/3302128/2012 of the information on agency workers that they are required to produce during redundancy consultation.
Practical guidance on how to consult on an individual basis during a redundancy exercise, including the "Compair Maxam" principles for fair redundancy dismissals; consulting absent employees; and alternative employment.
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