Phillips v Xteria Communications Ltd (Redundancy : Collective consultation and information) [2011] UKEAT 0244_10_1706 (17 June 2011)

Phillips v Xteria Communications Ltd (Redundancy : Collective consultation and information) [2011] UKEAT 0244_10_1706 (17 June 2011)

Employee representatives are considered 'elected' under the statutory scheme when the number of nominees matches the number of positions and no further candidates are proposed; no ballot is required in such circumstances. The employer complied with statutory requirements for collective consultation and redundancy selection. The dismissal was not unfair and no protective award is warranted.

Citation
[2011] UKEAT 0244_10_1706
Parties
Appellant: Mr Phillips; Respondent: Xtera Communications Ltd
Jurisdiction
United Kingdom
Judgment Date
17 June 2011
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy, Collective Consultation, Election of Employee Representatives, Unfair Dismissal, Protective Award
Employment Law Redundancy Collective Consultation Election of Employee Representatives Unfair Dismissal Protective Award

Case Brief

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Parties

Mr Phillips

Appellant

Xtera Communications Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether employee representatives were properly 'elected' under Trade Union & Labour Relations (Consolidation) Act 1992 sections 188 and 188A
  2. 2 Whether the employer complied with statutory requirements for collective consultation
  3. 3 Whether the dismissal was unfair or automatically unfair

Ratio Decidendi

Employee representatives are considered 'elected' under the statutory scheme when the number of nominees matches the number of positions and no further candidates are proposed; no ballot is required in such circumstances. The employer complied with statutory requirements for collective consultation and redundancy selection. The dismissal was not unfair and no protective award is warranted.

Court Disposition

Appeal dismissed