(Extra Division Inner House) The University was considering making redudancies. The Union argued that when considering the level of consultation needed, the number of qualifying employees should include those on limited term contracts, and ‘This in turn depends upon two questions, one straightforward and one not so straightforward. The first is whether the expiry and non-renewal of an LTC amount to a dismissal for this purpose: it does (see para 15 below). The second is whether such a dismissal is ‘for a reason not related to the individual concerned’, which is the statutory definition of a dismissal ‘as redundant’ in this context: section 195(1), 1992 Act.’
Lord Brodie, Lord Bracadale, Lord Drummond Young
[2014] CSIH 5, 2014 SC 414, [2014] IRLR 287, 2014 GWD 5-106, 2014 SLT 352, [2014] ScotCS CSIH – 5
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992
Scotland
Citing:
Appeal from – University of Stirling v University and College Union EAT 8-Nov-2011
EAT REDUNDANCY
Definition
Collective consultation and information
TULRA ss.188 and 195. Collective consultations. Fixed term contracts. Dismissals for reason that employees under fixed term . .
Cited by:
At SCS – University and College Union v The University of Stirling SC 29-Apr-2015
The University needed to reduce its staff. They and the Union disputed whether research assistants on limited term contracts would simply cease to be employd as their terms concluded, or were entitled to be made redudant.
Held: The appeal was . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 November 2021; Ref: scu.519741