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Lancaster University v The University & College Union - redundancy consultation requires active engagement with union by employer

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.  Further, the amount of a protective award can properly take into account a trade union's long acceptance of the defective practice which led to that award being made.

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