The 12 cases of 2013

By Charles Rae

As Christmas approaches and another year draws to a close, Shoosmiths looks back at some of the most notable cases of 2013.

The most unexpected decision of 2013 has to be that of USDAW and ors v WW Realisation 1 Ltd and ors, where the Employment Appeal Tribunal (EAT) held that the words ‘at one establishment’ should be deleted from section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The effect of this decision is that employers must now include all their proposed redundancies over a 90-day period nationwide, regardless of the specific location of each redundancy, when considering whether collective consultation obligations will apply. The Court of Appeal is, however, scheduled to hear an appeal against this decision on 21 or 22 January 2014.

Unison v London Borough of Barnet and another was a salutary reminder to employers to make sure that they provide adequate information to appropriate representatives concerning the use of agency workers within their organisation…

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