Usdaw v Ethel Austin Ltd (in administration) [2013] UKEAT/0547/12/KN & UKEAT/0548/12/KN

Posted In: Case Law
  • Case Reference
    UKEAT/0547/12/KN & UKEAT/0548/12/KN
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
Issues covered: Redundancy; duty to consult; interpretation; EU law

In these combined appeals the EAT found that section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 failed to correctly implement the EU Collective Redundancies Directive (No.98/59).

The cases concerned the wording of section 188(1) of the 1992 Act, which reads: “188(1) Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall consult about the dismissals all the persons who are appropriate representatives of any of the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals.”

If an employer fails to

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This article is correct at 25/10/2013

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