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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