Amicus v GBS Tooling Ltd [2005] UKEAT 0100_05_1804 (18 April 2005)

Amicus v GBS Tooling Ltd [2005] UKEAT 0100_05_1804 (18 April 2005)

The Employment Tribunal was entitled to consider mitigating circumstances, including steps taken by the employer prior to the crystallisation of redundancy proposals, when determining the seriousness of the breach and the length of the protected period. The Tribunal acted within its discretion in awarding a 70-day protective period instead of the maximum 90 days.

Citation
[2005] UKEAT 0100_05_1804
Parties
Appellant: Amicus; Respondent: GBS Tooling Limited (in administration)
Jurisdiction
United Kingdom
Judgment Date
18 April 2005
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy, Protective Award, Collective Consultation, Trade Union Rights
Employment Law Redundancy Protective Award Collective Consultation Trade Union Rights

Case Brief

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Parties

Amicus

Appellant

GBS Tooling Limited (in administration)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding a 70-day protective period instead of the maximum 90 days for breach of s188 TULRCA
  2. 2 Whether mitigating circumstances prior to the crystallisation of redundancy proposals can be considered in determining the seriousness of the breach

Ratio Decidendi

The Employment Tribunal was entitled to consider mitigating circumstances, including steps taken by the employer prior to the crystallisation of redundancy proposals, when determining the seriousness of the breach and the length of the protected period. The Tribunal acted within its discretion in awarding a 70-day protective period instead of the maximum 90 days.

Court Disposition

Appeal dismissed

Orders

  • Protective award of 70 days upheld
  • Employer to pay compensation for the protected period to affected employees