Mr S Adams & Others v Land Engineering (In Administration) c/o Ernst & Young LLP (Scotland : Protective Award) [2017] UKET S/4104641/2017 (22 November 2017)
The Tribunal found that the respondent failed to comply with the statutory duty to consult with employee representatives prior to making redundancies, and therefore a protective award was appropriate.
- Citation
- [2017] UKET S/4104641/2017
- Parties
- Claimant: Mr S Adams & Others; Respondent: Land Engineering (In Administration) c/o Ernst & Young LLP
- Jurisdiction
- United Kingdom
- Judgment Date
- 22 November 2017
- Procedural Posture
- Employment Tribunal / Judgment on Protective Award
- Outcome
- Protective award granted in favour of the claimants.
- Legal Topics
- Protective Award, Collective Redundancy, Failure to Consult
Case Brief
Summary, issues, holding and outcome
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Parties
Mr S Adams & Others
Claimant
Land Engineering (In Administration) c/o Ernst & Young LLP
Respondent
Procedural Posture
Employment Tribunal / Judgment on Protective Award
Legal Issues
- 1 Whether the respondent failed to consult with employee representatives as required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- 2 Whether a protective award should be made for failure to consult
Ratio Decidendi
The Tribunal found that the respondent failed to comply with the statutory duty to consult with employee representatives prior to making redundancies, and therefore a protective award was appropriate.
Court Disposition
Protective award granted in favour of the claimants.
Orders
- Respondent to pay a protective award to the claimants for failure to consult as required by law.
Full Case Text
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