Legal updates: August 2013

Collective consultation duties, claim awards under TUPE, Re Vietnam Shipbuilding case raises jurisdiction questions

Duty to inform in collective redundancy cases

July's Accountancy (p55) reported the landmark decision in the case of USDAW and others v WW Realisation 1 Ltd (in Liquidation) and another [2013] UKEAT/0547/8/12KN. This established that the duty to collectively consult with representatives was triggered where there was a proposal to make 20 or more employees redundant, regardless of where they were based.

Collective consultation duties will therefore apply much more frequently than previously recognised. The penalties for non-compliance can be severe with protective awards of up to 90-days' pay for each employee made redundant.

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