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Failing to Inform and Consult

by Sarah

The EAT ruled on Friday on an application by Amicus under Regulation 22 that a penalty notice be issued following a declaration by the Central Arbitration Committee (CAC).  The employer admitted a breach of Regulation 19(1) of the Information and Consultation of Employee Regulations 2004.

The EAT ruled that the breach was serious and fixed the penalty at a whopping £55,000! The maximum penalty was £75,000.  Suprisingly, the employer Macmillan Publishers Ltd chose not to be represented at the hearing  and may now be wishing it did.  You can read the decision here, which sets out in full the reason for such a high penalty.  The penalty is paid to the Secretary of State, which no doubt will help fill the public coffers.

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