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UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another: EAT 27 Sep 2007

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

Unison v Leicestershire County Council: CA 29 Jun 2006

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

Amicus v Nissan Motor Manufacturing (UK) Ltd: EAT 26 Jul 2005

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: [2005] UKEAT … Continue reading Amicus v Nissan Motor Manufacturing (UK) Ltd: EAT 26 Jul 2005

The United States of America v Nolan: SC 21 Oct 2015

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

Middlesbrough Borough Council v TGWU Unison: EAT 4 May 2001

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

Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others: QBD 1993

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

Carr v British International Helicopter: EAT 1993

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

E Ivor Hughes Educational Foundation v Morris and Others: EAT 19 Jun 2015

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

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 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

USDAW and Another v Unite The Union and Others (Redundancy : Collective Consultation and Information): EAT 30 May 2013

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

Rolls-Royce plc v Unite the Union: CA 14 May 2009

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

United States of America v Nolan: EAT 15 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

Pearl Assurance Plc v Manufacturing Science and Finance: EAT 26 Feb 1997

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. [1997] UKEAT 1162 – 96 – 2602 Bailii Trade Union and … Continue reading Pearl Assurance Plc v Manufacturing Science and Finance: EAT 26 Feb 1997

USDAW v Ethel Austin Ltd (Successors To Woolworth Plc) (Redundancy : Collective Consultation and Information): EAT 30 May 2013

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

Shanahan Engineering Ltd v Unite: EAT 22 Feb 2010

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

Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

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

Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy: QBD 1993

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

United States of America v Nolan: ECJ 18 Oct 2012

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: [2012] EUECJ C-583/10, … Continue reading United States of America v Nolan: ECJ 18 Oct 2012

Day v Haine and Another: ChD 19 Oct 2007

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

London Borough of Barnet v Unison and Another: EAT 19 Dec 2013

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

University College Union v The University of Stirling: SCS 14 Jan 2014

(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

MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002

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

Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

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

Renfrewshire Council v The Educational Institute of Scotland: EAT 4 Oct 2012

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

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