London Borough of Barnet v Unison & Anor (Redundancy : Collective consultation and information) [2013] UKEAT 0191_13_1912 (19 December 2013)

London Borough of Barnet v Unison & Anor (Redundancy : Collective consultation and information) [2013] UKEAT 0191_13_1912 (19 December 2013)

The Employment Tribunal erred in law by starting with the maximum award for protective periods in circumstances where there had been some consultation; the correct approach is to reserve the maximum for cases of no consultation. The Tribunal also erred by failing to declare joint and several liability under TUPE Regulation 15(9).

Citation
[2013] UKEAT 0191_13_1912
Parties
Appellant: Barnet Council; First Respondent: UNISON; Second Respondent: NSL Limited
Jurisdiction
United Kingdom
Judgment Date
19 December 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed on both grounds.
Legal Topics
Redundancy, Collective Consultation, Protective Award, Transfer of Undertakings (tupe), Agency Workers, Joint and Several Liability
Employment Law Redundancy Collective Consultation Protective Award Transfer of Undertakings (tupe) Agency Workers Joint and Several Liability

Case Brief

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Parties

Barnet Council

Appellant

UNISON

First Respondent

NSL Limited

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its approach to calculating protective awards under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and TUPE Regulations.
  2. 2 Whether the Tribunal failed to make a declaration of joint and several liability under Regulation 15(9) of TUPE.

Ratio Decidendi

The Employment Tribunal erred in law by starting with the maximum award for protective periods in circumstances where there had been some consultation; the correct approach is to reserve the maximum for cases of no consultation. The Tribunal also erred by failing to declare joint and several liability under TUPE Regulation 15(9).

Court Disposition

Appeal allowed on both grounds.

Orders

  • Remit ground 1 (protective award calculation) to the same Employment Tribunal for reconsideration in accordance with this judgment.
  • Declare joint and several liability of Barnet Council and NSL Limited under TUPE Regulation 15(9).