Clarification of collective redundancy terms

• Author:
• Simon Jeffreys

The recent judgment in the Employment Appeal Tribunal (EAT) case of MSF -v -Refuge Assurance plc affects all employers making collective redundancies.

The domestic legislation states that “a duty to consult arises where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less.”

The EAT has decided that this wording is incompatible with the EU legislation it is supposed to implement. Because the incompatibility cannot ... (207 more words)

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