The full text judgment is available free of charge on the BAILII website.
Representation:
Mr John Bowers QC, instructed by Messrs Eversheds LLP, Solicitors, Eversheds House, 70 Great Bridgewater Street, Manchester, M1 5ES for Lancaster University, the appellant.
Mr Charles Prior instructed by Messrs Thompsons Solicitors, 23 Princess Street, Manchester, M2 4ER or the Respondent trade union.
Authority for the propositions that:-
- consultation in a redundancy situation must comprise more than simply notifying the trade union of what is proposed: the employer is under a duty to positively engage in a process aimed (where possible) at reaching agreement on how to avoid dismissals, minimise the number of redundancies, mitigate the impact of the dismissals, etc.
- the amount of a protective award can properly be reduced to take into account a trade union's long acceptance of the defective practice which led to that award being made.
For relevant general notes go to Redundancy/consultation/trade unions
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