Nolan J considered the sub-section and the disclosure requirements on a consultation: ‘Flexibility in the course of consultation is obviously desirable, but the consultation envisaged by s. 99 cannot begin until the employer has provided the information set out in subsection (5).’ Judges: Nolan J Citations: [1984] IRLR 135, [1984] ICR 352 Statutes: Employment Protection … Continue reading E Green and Sons (Castings) Ltd v ASTMS: EAT 1984
The employer closed its bakeries and made redundancies, but without consultation. The ET decided it could make a protective award even if none of the employees had suffered any loss because the redundancies must follow. Held: In the legislation there were provisions where sums were to be paid without any assessment of actual loss being … Continue reading Spillers French (Holdings) Ltd v Union of Shop, Distributive and Allied Workers (USDAW): EAT 1979
Insolvency, at least per se, does not amount to a special circumstance exempting an employer from consulting employees on redundancy. Morritt J noted the distinction in the Directive between contemplated and projected redundancies and section 99 to an employer ‘proposing to dismiss’ and said: ‘The Union contends that both those sections should be construed to … Continue reading In Re Hartlebury Printers Ltd: 1992
