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29 January 2010 / John McMullen
Issue: 7402 / Categories: Features , Employment
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TUPE or not TUPE

Part 1: Consulting on redundancy & TUPE transfers by Dr John McMullen

Recent months have seen a number of interesting cases on information to and consultation with employee representatives, both in the context of multiple redundancies and transfer of undertakings (TUPE). All of them pose challenges in their application and scope. This is the first of two articles noting these developments.

The timing of consultation

Under the Trade Union and Labour Relations (Consolidation) Act 1992,
s 188 (as amended) an employer proposing to dismiss as redundant 20 or more employees of one establishment within a period of 90 days or less, must consult about the dismissals with the appropriate representatives of any of the employees affected by the proposed dismissals, or who may be affected by measures taken in connection with those dismissals.

“Proposal” to dismiss has widely been regarded as something approaching, albeit preceding, a decision to dismiss. Under ageing UK case law this narrow view of “proposing” would mean that consultation does not have to begin until a fairly advanced stage

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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