In a significant change to the law on collective redundancy consultations, the Employment Appeal Tribunal (EAT) has overturned an employment tribunal’s decision that Woolworths’ employees, who worked in stores where fewer than 20 employees were employed, were not entitled to be consulted collectively.
The EAT ruled that the words “at one establishment”, in section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, should be disregarded for the purposes of any collective redundancy involving 20 or more employees. Businesses will now have to collectively consult with employee representatives once they reach the 20 employee threshold, regardless of the location of the proposed dismissals.
A checklist summarising the collective redundancy consultation process can be provided. Please contact me for further details.
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