Redundancy: Protective award
Practice and Procedure: Parties
Dismissals without consultation when company placed in receivership – protective award made in favour of GMB trade union representing manual workers in respect of those employees ‘dismissed on 3 May or 5 May 2006’ – held, that this award could not benefit manual workers, not members of the union, dismissed on other dates in May 2006, and that as matters stood such workers had no remedy against the Secretary of State; but that such workers could apply to the employment tribunal to be joined out of time as parties to the GMB case, for the decision in the GMB case to be reviewed so as to cover dismissals on other dates, and for any consequent protective award to be recoverable as a debt from the Secretary of State.
Citations:
[2008] UKEAT 0313 – 07 – 1202
Links:
Jurisdiction:
England and Wales
Employment
Updated: 11 September 2022; Ref: scu.266408