The employer in this case fell into the classic trap of burying its head in the sand and failing to consult collectively with employees over the realistic possibility that its business might close and its workforce be made redundant.
The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot.
In United States of America v Nolan  IRLR 40 CA, the Court of Appeal decided that the case could not be resolved without further guidance from the ECJ on the stage at which an employer's duty to consult over collective redundancies is triggered.
The Court of Appeal has decided to seek clarification from the European Court of Justice (ECJ) as to when the obligation to consult on collective redundancies arises where an employer proposes closing a workplace.
This week's case of the week, provided by DLA Piper, covers consultation on redundancy selection criteria scores.
The Employment Appeal Tribunal has upheld a tribunal decision to reduce a protective award for the employer's failure to undertake collective redundancy consultation due to the union effectively condoning the failure.
HR and legal information and guidance relating to redundancy information and consultation.