Unison v Leicestershire County Council [2006] EWCA Civ 825 (29 June 2006)

Unison v Leicestershire County Council [2006] EWCA Civ 825 (29 June 2006)

The EAT was correct to refuse to allow the council to raise a new legal argument on the construction of 'in good time' as there were no exceptional circumstances and factual evaluation would be required. The ET was entitled to disregard pre-dismissal meetings as they did not address section 188 issues, and its award of the maximum protective period for the downgraded group was not in error. The EAT erred in reducing the protective award for the enhancement group as the ET had properly considered mitigation and its decision was not perverse.

Citation
[2006] EWCA Civ 825
Parties
Claimant/respondent: Unison; Respondent/appellant: Leicestershire County Council
Jurisdiction
England and Wales
Judgment Date
29 June 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Collective Redundancy Consultation, Protective Awards, Dismissal and Re Engagement, Interpretation of Section 188 Trade Union and Labour Relations (consolidation) Act 1992
Employment Law Labour Law Collective Redundancy Consultation Protective Awards Dismissal and Re Engagement Interpretation of Section 188 Trade Union and Labour Relations (consolidation) Act 1992

Case Brief

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Parties

Unison

Claimant/respondent

Leicestershire County Council

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal (EAT) erred in refusing to allow a new legal argument on the construction of 'in good time' in section 188(1A) of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the Employment Tribunal (ET) erred in awarding the maximum protective award to the downgraded group by failing to consider pre-dismissal proposal meetings and exchanges
  3. 3 Whether the EAT erred in reducing the protective award for the enhancement group from 20 to 10 days

Ratio Decidendi

The EAT was correct to refuse to allow the council to raise a new legal argument on the construction of 'in good time' as there were no exceptional circumstances and factual evaluation would be required. The ET was entitled to disregard pre-dismissal meetings as they did not address section 188 issues, and its award of the maximum protective period for the downgraded group was not in error. The EAT erred in reducing the protective award for the enhancement group as the ET had properly considered mitigation and its decision was not perverse.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Appeal by Leicestershire County Council dismissed
  • Cross-appeal by Unison allowed