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Employer's duty to consult - Keeping Kids Co (In Compulsory Liquidation) v Smith [EAT] 21.02.18 (Unreported)

An employment tribunal majority had been entitled to conclude that an employer's duty to consult under the Trade Union and Labour Relations (Consolidation) Act 1992 s.188 was triggered when it submitted an application for a government grant which showed that the majority of its employees would be made redundant, or the company would become insolvent, if the funds were refused. That obligation was breached by the company's failure to consult "in good time", since it was not entitled to await the outcome of its grant application before beginning the consultation procedure. There was no relevant distinction between the redundancies that took place when the company closed and those envisaged in the grant application.
Category: Employment » Redundancy; Trade unions. Keyword(s): Duty to consult. Area(s) of law: Employment.
Source: [2018] UKEAT 0057_17_2102.

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