EAT on 27th October 2006, reported at [2007] ICR 226 (also at [2007] IRLR 207)
NOTES

  • Transport and General Workers Union v Brauer Coley Ltd (in administration) EAT on 27th October 2006 reported at [2007] ICR 226 (also reported at [2007] IRLR 207)
  • the full text of this judgment is available free of charge on the BAILII website#

    Representation:

  • Miss K. Newton instructed by Messrs Thompsons Solicitors, The McLaren Building, 35 Dale End, Birmingham, B4 7LF for the TGWU (appellant)
  • There was no appearance or representation by or on behalf of the Respondent.

    Authority for the propositions that:-

    1. where a protective award is obtained against a company/employer by a Trade Union for breach of the obligation to consult it in relation to employees in respect of whom the Union was recognised, the protective award does not extend to other employees who were not consulted but in respect of whom the Trade Union is not recognised. Such employees would have to make a seperate claim.
    2. where such a claim is made by a Trade Union it must be based on the obligation owed to the Trade Union.

    For relevant general notes see Redundancy/protective award


    FINISH>
    prepared November 2006