| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 132 (Dec) |
| Court: | Employment Appeal Tribunal |
| Judge: | Wall J, Ms Bilgan and Mr I Ezekiel |
| Judgment Dates: | 10 December 2002 |
Catchwords
Employment - Unfair dismissal - Redundancy - Failure to consult - Trade Union & Labour Relations (Consolidation) Act 1992, s 188 - Pt X.
The Case
Section 188(7A) of the Trade Union & Labour Relations (Consolidation) Act 1992, in the form in which it had applied at the time, was plainly self-contained and only applied where the employer had invited employees to elect employee representatives. That was not so in the instant case and therefore sub-s7A could not apply. Accordingly, s188 was inapplicable to the applicants' dismissals in the form in which it had existed when the dismissals had taken place. Therefore, none of the dismissals could have been described as unfair.
Practice Areas
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