UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) & Anor [2007] UKEAT 0397_06_2709 (27 September 2007)

UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) & Anor [2007] UKEAT 0397_06_2709 (27 September 2007)

The employer breached its statutory duty by providing a false reason for redundancies and failing to consult meaningfully with the unions at a formative stage. The special circumstances defence failed due to lack of evidence and failure to take all practicable steps. The maximum protective award was justified due to the deliberate and serious nature of the breach. The Tribunal's approach was correct, and the dictum that there is no obligation to consult over closure is no longer good law in light of legislative changes.

Citation
[2007] UKEAT 0397_06_2709
Parties
Appellant: UK Coal Mining Ltd; First Respondent: National Union of Mineworkers (Northumberland Area); Second Respondent: British Association of Colliery Management
Jurisdiction
United Kingdom
Judgment Date
27 September 2007
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Collective Redundancy, Consultation Obligations, Protective Award, Special Circumstances Defence, Transposition of EU Directives, Remedies for Breach of Consultation
Employment Law Labour Law European Union Law Collective Redundancy Consultation Obligations Protective Award Special Circumstances Defence Transposition of EU Directives +1 more

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Parties

UK Coal Mining Ltd

Appellant

National Union of Mineworkers (Northumberland Area)

First Respondent

British Association of Colliery Management

Second Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the employer failed to comply with statutory consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether giving a false reason for redundancies constitutes a breach of section 188(4)(a)
  3. 3 Whether 'special circumstances' justified the failure to consult fully

Ratio Decidendi

The employer breached its statutory duty by providing a false reason for redundancies and failing to consult meaningfully with the unions at a formative stage. The special circumstances defence failed due to lack of evidence and failure to take all practicable steps. The maximum protective award was justified due to the deliberate and serious nature of the breach. The Tribunal's approach was correct, and the dictum that there is no obligation to consult over closure is no longer good law in light of legislative changes.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • The Employment Tribunal's decision and maximum protective award are upheld.
  • The dictum that there is no obligation to consult over closure is no longer good law.