EAT Failure to consult regarding redundancies. Protective Award and insolvent employer. Nature and purpose of ‘sanction’ of protective award. Effect of guidance of Susie Radin Ltd v GMB and Others [2004] ICR 893 when employer insolvent.
Appeal against Chairman’s decision not to make protective award allowed.
Citations:
[2004] UKEAT 0455 – 04 – 0511, UKEAT/0455/04, UKEAT/0456/04, [2005] IRLR 86
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Susie Radin Ltd v GMB and others CA 20-Feb-2004
The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. . .
Cited by:
Cited – Sweetin v Coral Racing EAT 20-Dec-2005
EAT Claimant sought compensation for unfair constructive dismissal and failure to consult prior to a TUPE transfer of a bookmaker’s business for which the claimant worked. Her contract of employment described her . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 27 June 2022; Ref: scu.219765