The employer appealed against a protective award made for failing to consult the union on prospective redundancies. Held: The appeal failed. The duty to consult arose as soon as the redundancies were fixed as a clear, even if there had been only a provisional intention. There was also a duty to consult as to the … Continue reading UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another: EAT 27 Sep 2007
The council had dismissed all workers within a group of employees, and invited them to re-apply for their jobs. The council now appealed a protective award made on the basis that there had been inadequate consultation with the union. Held: The court refused permission to raise a new point of law not argued below as … Continue reading Unison v Leicestershire County Council: CA 29 Jun 2006
EAT Employers failed to consult with company council rather than union – did not consult with union until later stage 3 weeks before employees had to indicate willingness to be relocated but 4.5 months before possible dismissal. Tribunal held consultation, took place ‘in good time’. Appeal dismissed. Judges: His Honour Judge Ansell Citations:  UKEAT … Continue reading Amicus v Nissan Motor Manufacturing (UK) Ltd: EAT 26 Jul 2005
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham. Held: Fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, … Continue reading Middlesbrough Borough Council v TGWU Unison: EAT 4 May 2001
British Coal Corporation had decided to close 31 deep mine collieries. The court was asked as to just what consultation obligations fell on the employer under the 1946 Act. Held: The section did create an obligation to consult. Glidewell LJ, made obiter comments on the similar consultation duties under section 188 of the 1992 Act: … Continue reading Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others: QBD 1993
Obligation to consult employees on proposed redundancies. Judges: Sir Andrew McFarlane P FD. Underhill VP CA, Lindblom LJJ Citations:  EWCA Civ 2789 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 188 Jurisdiction: England and Wales Employment Updated: 11 May 2022; Ref: scu.631419
An employee claimed re-instatement following alleged unfair selection for redundancy by an administrator. Held: The effect of the 1986 Act was not that proceedings brought against a company in administration without consent or the permission of the court were a nullity, but only that they were liable to be stayed as other proceedings in section … Continue reading Carr v British International Helicopter: EAT 1993
EAT Redundancy: Collective Consultation and Information – UNFAIR DISMISSAL – Duty to Consult When Proposing to Dismiss Employees as Redundant – Time At Which Obligation Arose – Special Circumstances – Protective Awards – Unfair Dismissal – Procedural Fairness The Appellant operated a girl’s school. Due to declining pupil numbers, the Appellant decided at a meeting … Continue reading E Ivor Hughes Educational Foundation v Morris and Others: EAT 19 Jun 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 allowed. the Employment Appeal Tribunal stated the proper test: ‘A reason relates to the individual … Continue reading University and College Union v The University of Stirling: SC 29 Apr 2015
EAT REDUNDANCYCollective consultation and informationProtective awardPurposive construction of Trade Union and Labour Relations (Consolidation) Act 1992 s.188 so as to give effect to a Directive required the court to delete the words ‘at one establishment’ thereby allowing protective awards to be made to employees whose employer was to dismiss 20 employees as redundant in 90 … Continue reading USDAW and Another v Unite The Union and Others (Redundancy : Collective Consultation and Information): EAT 30 May 2013
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009
EAT REDUNDANCY: Collective consultation and information / Protective award An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult representatives of civilian employees at a US Army Base about the reasons for its closure and by failing to … Continue reading United States of America v Nolan: EAT 15 May 2009
The Respondent Trade Union, MSF presented a complaint under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Appellant, Pearl Assurance Plc, had failed to consult with the Union in circumstances to which Section 188 of the Act applied.  UKEAT 1162 – 96 – 2602 Bailii Trade Union and … Continue reading Pearl Assurance Plc v Manufacturing Science and Finance: EAT 26 Feb 1997
EAT REDUNDANCY Collective consultation and information Protective award Purposive construction of Trade Union and Labour Relations (Consolidation) Act 1992 s.188 so as to give effect to a Directive required the court to delete the words ‘at one establishment’ thereby allowing protective awards to be made to employees whose employer was to dismiss 20 employees as … Continue reading USDAW v Ethel Austin Ltd (Successors To Woolworth Plc) (Redundancy : Collective Consultation and Information): EAT 30 May 2013
The claimant alleged that his selection for redundancy was unfair, the company having failed properly to consult its own employee consultation council and in having failed to disclose its scoring system. The company said that any such complaint . .
Where a receiver of a company dismissed the employees and then transferred the business to a purchaser, that amounted to an unfair dismissal because it was a TUPE transfer, even though the manufacturing base also moved. The company was liable to the . .
EAT RACE DISCRIMINATION
Burden of proof
Procedural fairness / automatically unfair dismissal
The Employment Tribunal misdirected themselves . .
EAT REDUNDANCY Collective Consultation and Information Protective Award Section 188 Trade Union and Labour Relations (Consolidation) Act 1992 (TULRA) – whether and to what extent special circumstances rendered it not reasonably practicable to comply – no error of law in the reasoning of the Tribunal – appeal on this ground dismissed. Section 189 TULRA – … Continue reading Shanahan Engineering Ltd v Unite: EAT 22 Feb 2010
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
Judges: Fulford J Citations:  IRLR 881,  EWHC 1889 (QB) Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 221(1) Jurisdiction: England and Wales Employment Updated: 04 July 2022; Ref: scu.229755
Glidewell LJ considered the significance of the difference between the wording of the EC Directive, and the section implementing it and said: ‘In my view the difference between the wording of the Directive and the wording of section 188 of the Act 1992 is such that the section cannot be interpreted as having the same … Continue reading Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy: QBD 1993
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – Lack of jurisdiction of the Court Judges: R. Silva de Lapuerta P Citations:  EUECJ C-583/10, … Continue reading United States of America v Nolan: ECJ 18 Oct 2012
The liquidator sought directions from the court after former employees of the company submitted proofs of debt in respect of protective awards made for the company’s failure to consult on their redundancy before going into liquidation. Held: The Act provided one remedy only for enforcement, and the debts were not provable. At the date of … Continue reading Day v Haine and Another: ChD 19 Oct 2007
EAT Redundancy : Collective Consultation and Information – The Appellant is a local authority which was contemplating redundancies of staff and also transfers of some employees to third parties. The Employment Tribunal found that it had breached the consultation and information requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading London Borough of Barnet v Unison and Another: EAT 19 Dec 2013
(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 … Continue reading University College Union v The University of Stirling: SCS 14 Jan 2014
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as redundancies were contemplated. Held: The Union’s appeal failed. There was no error of law. What counted as ‘good time’: ‘is not … Continue reading MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008
EAT Transfer of Undertakings : Consultation and Other Information – The claimant teachers succeeded at a preliminary hearing before an Employment Judge in contending that the establishment at which they worked (for the purposes of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was the Education and Leisure Service of Renfrewshire Council. … Continue reading Renfrewshire Council v The Educational Institute of Scotland: EAT 4 Oct 2012
The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to . .
ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation . .
Collective consultation and information
TULRA ss.188 and 195. Collective consultations. Fixed term contracts. Dismissals for reason that employees under fixed term . .
EAT Trade Union Rights : Action Short of Dismissal – The Respondents are members of Unison. The Tribunal found that they were unjustifiably disciplined by the union contrary to s.64 of the Trade Union and Labour . .
EAT REDUNDANCY – Collective consultation and information
Collective consultation in a redundancy situation. Meaning of ‘election’ and ‘elected’ in Trade Union and Labour Relations (Consolidation) Act 1992 . .
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
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