AEI Cables Ltd v GMB and others [2013] UKEAT/0375/12/LA

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
Issues covered: Protective award; redundancy; insolvency

When making multiple employees redundant, employers should consult with individuals and/or recognised trade unions representing them, as per s. 188 of TULRCA 1992. In Northern Ireland, failure to comply with s. 188 may lead to a protective award not exceeding 90 days’ pay per affected employee; in the event that employees’ representatives action claims on their behalf.

Since April 2013, the length of a protective award in England and Wales is 45 days. Nevertheless, the EAT held it is unreasonable to expect an employer to trade whilst insolvent in order to fulfil its obligation to consult under s. 188 of TULRCA. In the present case, the Employment Tribunal had considered it appropriate to

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This article is correct at 17/05/2013

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