Tag archives: consultation

EAT decision reminds employers of the need for genuine consultation and reasonable selection criteria when carrying out redundancies 

Photo of Joanna MacKenzieBy Joanna MacKenzie on Posted in General, UK
In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022] UKEAT 139, the Employment Appeal Tribunal (EAT) found that the redundancy dismissal of a fixed term employee was unfair due to a lack of genuine consultation and the use of arbitrary selection criteria.   The Claimant, Ms Mogane, was employed as … Continue reading

Collective Redundancies: 90 day rolling reference period

Photo of Charlotte EmmersonBy Charlotte Emmerson on Posted in General, UK
The Collective Redundancies Directive (98/59/EC) (the Directive) sets out consultation requirements for employers where a set number of redundancies are contemplated within a specified time frame, being either 30 or 90 days depending on the member state concerned. In the UK, the Directive is implemented through the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading

23 redundancies with no consultation? Federal Court says ‘that’s OK’

Photo of Shannon WalkerBy Shannon Walker on Posted in Asia Pacific, Australia
An employer decides to abolish 23 full-time positions due to a lack of funding.  Surely this is a major change likely to have a significant effect on employees which obliges the employer to consult with those employees as per the consultation term in their enterprise agreement? While many would say ‘yes, of course’, the Federal … Continue reading

The necessity of adopting a sensitive consultation process in the event of redundancy

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, UK
This post was contributed by Jahan Meeran, Trainee Solicitor, Norton Rose Fulbright LLP, London A recent decision of the Employment Appeal Tribunal (EAT) illustrates the pitfalls of not adopting a sensitive consultation process in the event of redundancy.. In the case, the claimant had been employed by the property management division of his employer for … Continue reading

Collective consultation on redundancy – what obligations do employers have?

Global Workplace InsiderBy Andreas Reuther on Posted in Europe, Germany
In Germany, an employer must comply with certain consultation obligations when dismissing an employee. Failure to do so may result in the dismissal being held null and void by a labour court or the court awarding compensation to the affected employees. The works council and dismissals Prior to giving notice of termination, an employer must … Continue reading

Small scale retrenchments – What obligations do employers have? A South African perspective

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in South Africa
This article was written by Yusuf Peer, an associate designate at Norton Rose Fulbright South Africa In South African law an employer is permitted to retrench employees due to economic and business conditions, provided that the employer follows the correct consultative procedure and the dismissals are based on fair and justifiable reasons An employer employing less … Continue reading

Collective Redundancy Consultation

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Europe, UK
A recent decision of the Employment Appeal Tribunal in the UK has considered the meaning of the words “at one establishment” for the purposes of triggering collective consultation obligations. Under the UK collective redundancy rules, the obligation to inform and consult only arises when an employer is proposing to dismiss as redundant “20 or more … Continue reading
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