Graff Diamonds Ltd v Boatwright: EAT 4 Feb 2011

Collective consultation and information
Protective award
Section 188(1) TULRA – the Respondent accepted that it proposed to dismiss as redundant 19 employees, but said that a 20th employee’s employment was consensually terminated for early retirement. Tribunal found otherwise – reasoning insufficient on this point.
Section 189 TULRA – approach to protective award. Tribunal wrongly linked protective award to consultation period and failed to apply approach in Susie Radin Ltd v GMB [2004] ICR 893, especially at paragraph 45 and Hutchins v Permacell Finesse Ltd (2007) UKEAT/0350/07, especially at paragraphs 20-21.
[2011] UKEAT 0148 – 10 – 0402

Updated: 05 March 2021; Ref: scu.430301