Where an employer intends to dismiss as redundant 20 or more employees, there is an obligation to inform and consult with employee representatives. Failure to do so entitles each affected employee to up to 90 days gross pay.
In London Borough of Barnet v Unison, there had been some consultation, but there had been a failure to consult in relation to agency employees.
An earlier case had said that where there was a total failure to consult, the starting point should be the maximum award and then mitigating factors should be considered. In this case, the EAT said that did not mean that the maximum award was the starting point where some consultation had taken place.
In this case, there was also a TUPE transfer. Under TUPE, liabilities transfer to the new employer and so the new employer was held joint and severally liable for the awards of compensation.emp
Sarah Rushton (email@example.com)
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