Collective Consultation
by Philip
An eminently sensible decision on collective consultation is reported here, although probably a none too popular decision with our hr readers . A Mining Company announced a site closure and made the miners redundant. The mining union brought a claim for a protective award and won a maximum 90 day award for all the protected group.
The Mining Company appealed the decision (perhaps mining companies just carry on digging, especially when they are in a hole!). The union cross appealed on the discrete point as to whether there was a need to consult about the reasons for the redundancy, ie the site closure.
The EAT dismissed the employers appeal and ruled on the trade union’s appeal that there was a need to consult collectively on the reasons behind a site closure as the collective consultation procedure requires the employer to submit in writing the reasons for the redundancies and consult with a view to reaching agreement and to consult with a view to avoiding the dismissals.
What the EAT is saying is that an employer cannot simply go through the motions of consultation, if the site closure is based on an economic reason, there needs to be meaningful discussion with a view to reaching agreement on that issue.
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