Phillips v Xteria Communications Ltd: EAT 17 Jun 2011

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 sections 188 and 188A. In this case, the number of candidates precisely matched the number of available places for elected employee representatives. The employer treated them as ‘elected’. The Employment Tribunal decided that was correct and rejected a claim for a protected award under section 189. Appeal dismissed. Despite the absence of a ballot, the representatives were ‘elected’ when they were the only nominees and filled all the available places. The statute did not require a ballot in an uncontested election.

Citations:

[2011] UKEAT 0244 – 10 – 1706

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 15 September 2022; Ref: scu.441170