Redundancy: compensation for failure to consult - Smith -v- Cherry Lewis

• Author:
• Daniel Barnett

The Employment Appeals Tribunal (EAT) has considered the position as to protective awards, subsequent to the Court of Appeal's judgment in Susie Radin -v- GMB earlier this year. In Susie Radin, the Court of Appeal held that protective awards were punitive (rather than compensatory) in nature, and the starting point for a total failure to consult would normally be the maximum award of 90 days' pay.

In Smith -v- Cherry Lewis, the respondent employer was insolvent. The receiver dismissed all 45... (156 more words)

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