Source: All England Reporter
Publisher Citation: [2013] All ER (D) 207 (Feb)
Court: Employment Appeal Tribunal (Scotland)

Langstaff J

Representation Amanda Jones (instructed by Maclay Murray & Spens LLP, Edinburgh) for the claimant.
  Brian Napier QC (instructed by Dept of Finance & Corporate Services, Renfrewshire Council, Paisley) for the authority.
Judgment Dates: 4 October 2012


Trade union - Redundancy - Employer's duty to consult appropriate trade union - Meaning of 'establishment' - Teachers' union bringing claim against local authority for failing to undertake collective consultation on redundancies - Employment tribunal (Scotland) finding authority constituting 'establishment' liable to undertake collective consultation under relevant legislation - Authority appealing - Whether tribunal erring - .

The Case

Trade union Redundancy. The Employment Appeal Tribunal (Scotland) held, in allowing the local authority's appeal against the decision of the employment tribunal (Scotland) that it had been under a duty to consult collectively with teachers facing redundancies as it had qualified as the relevant establishment for the purposes of of the Trade Union and Labour Relations (Consolidation) Act 1992, that the tribunal judge had, inter alia, taken an incorrect approach to the determination of what an 'establishment' was for the purposes of s 188 of the Act and had erred in her fact finding. Accordingly, the case would be remitted to the same tribunal judge for reconsideration.

Practice Areas

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