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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 0184 – 05 – 2607, 0184/05

Links:

Bailii, EAT

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 188

Citing:

CitedRegina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
CitedSecuricor 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 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 04 July 2022; Ref: scu.231312

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