Major change to collective redundancy consultation: counting to 20

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The eagerly awaited Employment Appeal Tribunal judgment in the case of USDAW and others v WW Realisation 1 Ltd (in Liquidation) and others has been published. The case was brought by trade union USDAW on behalf of employees working for Woolworths when the retail chain collapsed.

Although the tribunal found that the store had breached its collective redundancy consultation obligations and made protective awards in respect of affected employees, it excluded those who worked in stores where fewer than 20 employees were dismissed. As Woolworths subsequently went into liquidation, the protective awards made were paid by the secretary of state.

USDAW appealed arguing that protective awards should have been made in respect of all employees regardless of the size of the stores in which they worked…

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