IRLR 174, EAT
- Mr Adam Ohringer, Free Representation Unit, Fourth Floor, Peer House, 8-14 Verulam Street, London WC1K 8LZ for Mr Elkouil
- Mr C. S. Watt, solicitor of Messrs Stewart Watt & Co, Solicitors, 171-173 Dalry Road, Edinburgh EH11 2EB for Coney Island Ltd
Authority for the propositions that
- the conventional compensatory award of two weeks pay where a dismissal is unfair because of a failure to consult is no more than a convenient rule of thumb. It must not be rigidly applied and in any particular case the compensatory award should be the amount which is just and equitable on the facts of that case.
- the duty on an employer to warn/consult employees about impending redundancies applies only in respect of employees identified at being "at risk" (as to which see also Byrne v Arvin Meritor (UK) Ltd EAT 2003 ).
For relevant general notes see Unfair dismissal/consultation and/or Redundancy/consultation/general and/or Polkey case .
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