Podcast Location:
Download it here [file size: 22.9 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to set out the relationship between the EU and UK approach to collective redundancy consultation. It will look in detail at recent cases shedding light as to when the duty to consult is triggered and the problems that often come up affecting groups of companies.

Attention will also be given to the definition of an 'establishment' for the purposes of the duty to consult, the period of time consultation should be carried out, the purpose and subject of those consultations and the remedies for non compliance.

The podcast will finally look at the potential scope of a confidential consultation process and the circumstances in which such a procedure might be appropriate.

Outcomes:
After completing the course you will:
  • Understand the significance of the MSF v Refuge Assurance case;
  • Know the differences between the UK and EU regimes as to when the duty to consult is triggered;
  • Be aware of how the timing of a decision on redundancy might affect corporate groups or mergers;
  • Know who bears the obligation to consult in corporate group cases;
  • Be aware when the obligation to consult may be triggered where employees are dismissed as redundant;
  • Know the approach to be adopted to identify an 'establishment' for the purposes of consultation and the significance of the Rockfon case in this regard;
  • Know for how long employers should consult, the purpose of the exercise and the subject of the consultations;
  • Be aware of the potential for a confidential consultation process and the potential problems this may unearth;
  • Be aware of what remedies are available to employees who have not been properly consulted on redundancy.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Collective Redundancy Directive 98/59/EC;
  • R v British Coal and Secretary of State for Trade and Industry ex parte Vardy [1993] ICR 720;
  • MSF v Refuge Assurance plc [2002] IRLR 324;
  • Akavan Erityisalojen v Keskusliitto AEK ry & Ors v Fujitsu Siemens Computers Oy C-44/08 [2009] All ER (D) 69 (Sept);
  • Rockfon A/S v Specialarbejderforbundet i Danmark. (Social policy) [1996] IRLR 168;
  • UK Coal Mining Ltd v National Union of Mineworkers [2008] IRLR 4;
  • Hamish Armour v Association of Scientific, Technical and Managerial Staffs [1979] IRLR 24;
  • GMB v Susie Radin Ltd [2004] IRLR 400 CA.

This podcast will be of interest to those advising on collective consultation on redundancies and employment law issues generally. It will look at the operation of both the UK and EU rules regards the duty to consult and how the two systems interact.

Podcast added: 26/11/09

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