Source: All England Reporter
Publisher Citation: [2003] All ER (D) 181 (Sep)
Court: Employment Appeal Tribunal
Judge:

Burton J, Mr J Crosby and Mrs L Tinsley
Representation Anna Diamond (instructed by Thompsons, Birmingham) for the trade union.
  Andrew Hogarth (instructed by Securicor Management Services Ltd Legal Services) for the employer.
Judgment Dates: 7 April 2003

Catchwords

Industrial relations - Redundancy - Failure to consult trade union - Protective award against employer - Employment tribunal finding lack of consultation and making protective award - Correctness of decision - Trade Unions and Labour Relations Consolidation Act 1992, s 188.

The Case

Section188 of the Trade Unions and Labour Relations Consolidation Act 1992 did not require a consultation about the reasons for redundancy, including whether or not a plant should close. The requirement of an employer to consult a trade union related only to the consequences of an employer's decision to make plant closures, rather the decision to make the closures itself.

Practice Areas

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