Collective consultation and the meaning of establishment: hints of a surprising decision from the EAT
There have been a number of stories circulating in the legal press during the past week that suggest we face a significant change in the law concerning collective redundancy consultation.
Although yet to be formally confirmed by the Employment Appeal Tribunal (EAT) — the judgment is expected imminently — it is being reported that the EAT has overturned the Employment Tribunal decision in the Woolworths collective redundancy consultation claims (USDAW and others v WW Realisation 1 Ltd [in liquidation] and another ET/3201156/10).
In those cases concerning the mass redundancies that followed the collapse of the retailer Woolworths, the Employment Tribunal decision meant that employees who worked in stores that employed fewer than 20 employees would not receive any compensation for a failure to collectively consult. This was because the obligation to collectively consult under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) applies where an employer is proposing to dismiss as redundant 20 or more employees at one establishmentwithin a period of 90 days or less. The Employment Tribunal ruled that each store was a separate ‘establishment’, meaning that stores employing fewer than 20 employees were not caught by the obligation to collectively consult…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
We want to obtain a closure order and then use the new absolute ground for possession under the ASBCPA 2014. Does the tenancy agreement have to state the new ground before we can do this?
Equal-pay claims are often viewed as the preserve of the public sector, but in light of the current class action against Asda this perception is being challenged.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…