The University needed to reduce its staff. They and the Union disputed whether research assistants on limited term contracts would simply cease to be employd as their terms concluded, or were entitled to be made redudant.
Held: The appeal was allowed. the Employment Appeal Tribunal stated the proper test: ‘A reason relates to the individual if it is something to do with him such as something he is or something he has done. It is to be distinguished from a reason relating to the employer, such as his (or in the case of insolvency, his creditors’) need to effect business change in some respect’. The error was to place the coming to an end of an LTC into the first rather than the second category.
Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Reed, Lord Hughes
[2015] UKSC 26, 2015 SLT 265, [2015] ICR 567, [2016] 1 All ER 524, 2015 SC (UKSC) 121, 2015 GWD 14-245, [2015] IRLR 573, [2015] ELR 381, UKSC 2014/0067
Bailii, Bailii Summary, SC, SC Summary
Trade Union and Labour Relations (Consolidation) Act 1992 188(1), Council Directive 75/129/EEC
Scotland
Citing:
Cited – Association of University Teachers v University of Newcastle-upon-Tyne EAT 1987
The Employment Appeal Tribunal held that the definition of ‘being redundant’ in the 1992 Act covered the lack of further funding for the post of a lecturer employed under an Limited Term Contract and so the consultation duty should have been . .
Cited – Commission v United Kingdom (Judgment) ECJ 8-Jun-1994
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for . .
At EAT – University of Stirling v University and College Union EAT 8-Nov-2011
EAT REDUNDANCY
Definition
Collective consultation and information
TULRA ss.188 and 195. Collective consultations. Fixed term contracts. Dismissals for reason that employees under fixed term . .
At SCS – University College Union v The University of Stirling SCS 14-Jan-2014
(Extra Division Inner House) The University was considering making redudancies. The Union argued that when considering the level of consultation needed, the number of qualifying employees should include those on limited term contracts, and ‘This in . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 December 2021; Ref: scu.546151