Appropriate representatives for collective consultation
However the aspect of the Tribunal decision which was upheld was the wording of TULR(C)A regarding when the duty to collectively consult arose. The wording in the section states when the employer “is proposing to dismiss” 20 or more employees as redundant. The EAT held that the words should be given their natural meaning and operate on the basis that the word is "proposed" rather than "contemplated", which would give a different meaning – even though the Collective Redundancies Directive uses the word “contemplated” rather than “proposed”.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.