Optare Group Ltd. v T&G - Were more or less than 20 employees dismissed when 3 accepted voluntary redundancy and 17 did not? [2007] EAT

The Leeds employment tribunal found that Optare had failed to consult workers about proposed redundancies (as required by Trade Union and Labour Relations Consolidation Act 1992 s.188 where 20 or more employees are to be dismissed as redundant at one establishment within a 90 day period). Optare appealed, saying that 3 of the employees had volunteered, that meant that it had dismissed less than 20 employees and therefore TULRCA s.188 was not triggered.