As an aide memoire, the result of those cases was to remove the requirement that in order for dismissals to count towards the 20+ threshold which triggered collective consultation obligations on redundancy, they must be at a single establishment. This meant that where an employer was making mass redundancies across several premises, the collective consultation requirements would be triggered, even where there were less than 20 redundancies at each particular branch. The cases turned the issue of collective consultation on its head.
It has now been reported that the Department for Business, Innovation and Skills (BIS) has requested permission to appeal the decision. It did not attend or send representatives to the previous hearings and so perhaps was caught on the hop. For the moment however, we have to assume that the case remains good law.
Tel: 0207 539 4147
This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.