Usdaw and others v Ethel Austin Ltd: (England and Wales : Breach of Contract : Protective Award : Redundancy : Transfer of Undertakings) [2017] UKET 2103930/2010 (23 April 2017)
Failure to consult employees prior to redundancy and transfer of undertakings constitutes a breach of statutory obligations, entitling affected employees to a protective award.
- Citation
- [2017] UKET 2103930/2010
- Parties
- Claimant: Usdaw and others; Respondent: Ethel Austin Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 23 April 2017
- Procedural Posture
- Employment Tribunal / Final Judgment
- Outcome
- Claim upheld
- Legal Topics
- Breach of Contract, Protective Award, Redundancy, Transfer of Undertakings
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Usdaw and others
Claimant
Ethel Austin Ltd
Respondent
Procedural Posture
Employment Tribunal / Final Judgment
Legal Issues
- 1 Whether the respondent breached statutory consultation obligations under employment law
- 2 Entitlement to protective award for redundancy
- 3 Application of Transfer of Undertakings (Protection of Employment) Regulations
Ratio Decidendi
Failure to consult employees prior to redundancy and transfer of undertakings constitutes a breach of statutory obligations, entitling affected employees to a protective award.
Court Disposition
Claim upheld
Orders
- Protective award granted to claimants
Full Case Text
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