Comments on: Individuals can not bring a claim for a Protective Award

By: Liam

Liam — Thu, 12 Apr 2007 07:51:19 +0000

Appropriate representatives are elected by employees. If all employees refused to elect representatives, there would be none and the employer would need to provide s.188(4) TULR(C)A 1992 information to each individual employee. If sufficient employees voted for the appropriate representatives, the representatives represent all employees of the same description (i.e. in our view, all those affected by the Redundancy process) - including those who either chose not to vote or voted against the successful candidates.

By: Clive J Osborne

Clive J Osborne — Wed, 11 Apr 2007 21:06:57 +0000

Where they were represented by appropriate representatives during a collective consultation. If this was done though not at the request or consent of the individual do their rights not stand.

By: Liam

Liam — Thu, 29 Mar 2007 17:49:31 +0000

Generally, employees can bring claims about matters that affect them. s.189(1) TULR(C)A 1992 (on the interpretation in this case) prevents employees complaining about something that directly affected them (i.e. inadequate collective consultation) whether the claim is vexatious or not. I struggle to think of other examples where an individual affected by a breach of his rights does not have locus standi.

By: Marcin Tustin

Marcin Tustin — Thu, 29 Mar 2007 16:09:17 +0000

I always wonder about the point of standing rules, because the evidence is that practically no-one launches vexatious claims where there isn’t a real issue, and those who do, litigants in person, are rare and not easily disposed of anyway.