Shanahan Engineering Ltd v. UNITE [2010] UKEAT 0411_09_2202 (22 February 2010)

Shanahan Engineering Ltd v. UNITE [2010] UKEAT 0411_09_2202 (22 February 2010)

Special circumstances existed due to Alstom's sudden instruction, making it impracticable to consult 30 days in advance, but consultation was still reasonably practicable and required. The Tribunal correctly found breach of section 188 TULRA but erred in failing to consider mitigating circumstances when awarding the maximum protected period.

Citation
[2010] UKEAT 0411_09_2202
Parties
Appellant: Shanahan Engineering Ltd; Respondent: Unite the Union
Jurisdiction
United Kingdom
Judgment Date
22 February 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed in respect of breach finding; appeal allowed in respect of protected award length; matter remitted for reassessment of protected award.
Legal Topics
Redundancy, Collective Consultation, Protective Award, Special Circumstances, Trade Union and Labour Relations (consolidation) Act 1992
Employment Law Redundancy Collective Consultation Protective Award Special Circumstances Trade Union and Labour Relations (consolidation) Act 1992

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Shanahan Engineering Ltd

Appellant

Unite the Union

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether special circumstances rendered it not reasonably practicable to comply with collective consultation requirements under section 188 TULRA
  2. 2 Whether the Tribunal erred in awarding a 90 day protected period under section 189 TULRA

Ratio Decidendi

Special circumstances existed due to Alstom's sudden instruction, making it impracticable to consult 30 days in advance, but consultation was still reasonably practicable and required. The Tribunal correctly found breach of section 188 TULRA but erred in failing to consider mitigating circumstances when awarding the maximum protected period.

Court Disposition

Appeal dismissed in respect of breach finding; appeal allowed in respect of protected award length; matter remitted for reassessment of protected award.

Orders

  • Tribunal's finding of breach of section 188 TULRA upheld.
  • Length of protected award to be reconsidered by Tribunal in light of mitigating circumstances.