NEWS & RESOURCES

Employment Tribunal 2020 Case Ruling – Redundancy Consultation

Redundancy Consultation

Deciding the threshold for when collective consultation is triggered:
Case UQ v Marclean Technologies SLU looks at when the threshold exists for when collective redundancy consultation is triggered.

In this case, UQ was dismissed on the grounds of redundancy, however the company then made a further 36 redundancies afterwards, leading UQ to argue that her dismissal formed part of a series of covert collective redundancies.This is a Spanish case, and in Spanish law, when an employer organises the timing of dismissals to avoid their legal obligations, the dismissal can be declared void.

However, rulings made at the European Court of Justice (ECJ) currently do impact the UK and so the findings are relevant to UK employment law. The ECJ examined how the requirement for collective consultation should be measures for 30/90-day collective consultation.

In their decision, the ECJ held that the reference period is the 30/90 days consecutive days including the relevant dismissal and which contains the greatest number of dismissals effected by the employer for one or more reasons not related to the worker. Furthermore, it is not determined by how many redundancies are proposed, but rather how many have occurred. Ultimately, when calculating the number of redundancies, the 30/90 days can be measured fully before, fully after or partly before and partly after the dismissal in question. All that is required is that the employee is dismissed within a 30/90-day period.

The consequences of this, is that UK employers need to look back as well as forward to determine whether the threshold number of redundancies is met over the reference period.

HR, Health & Safety Support

HR Solutions are here to provide your business with support and advice on any employment related issues; to find out more contact us online or call us on 0844 324 5840.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

SIGN-UP FOR UPDATES

Receive all the latest industry insights, expert tips and exciting updates from HR Solutions, straight to your inbox.

Strategic HR thinking whitepaper

Our latest HR whitepaper offers an in-depth analysis and strategic framework aimed at transforming Human Resources into a pivotal element of business success in the rapidly evolving corporate environment of 2024.

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.