Where an employer is proposing to make 20 - 99 redundancies at one establishment within a period of 90 days or less – the consultation period (CP) must begin at least 30 days before the first of the dismissals takes effect: s. 188 of the TULR(C)A 1992.
In Hammonds LLP v Mwitta [EAT/0026/10], Ms Mwitta was made redundant – but the CP did not begin at least 30 days before the date of her dismissal.
However - on the facts of the case - the EAT held that Ms Mwitta’s dismissal was fair. Although the CP did not begin at least 30 days before the date of Ms Mwitta’s dismissal – it did not mean that her dismissal was automatically unfair.
Note: Hammonds LLP paid a protective award of 30 days’ pay to Ms Mwitta because the CP did not begin at least 30 days before the date of her dismissal.
Update [13 October 2010]
However, in Pinewood Repro Ltd v Page [EAT/0028/10], the EAT held that an employee's redundancy dismissal was unfair due to an unfair consultation. The employer did not explain the basis of the employee's score of 60% for a subjective flexibility criterion to enable the employee to challenge the score [see paras. 43 - 46].
In Hammonds LLP v Mwitta [EAT/0026/10], Ms Mwitta was made redundant – but the CP did not begin at least 30 days before the date of her dismissal.
However - on the facts of the case - the EAT held that Ms Mwitta’s dismissal was fair. Although the CP did not begin at least 30 days before the date of Ms Mwitta’s dismissal – it did not mean that her dismissal was automatically unfair.
Note: Hammonds LLP paid a protective award of 30 days’ pay to Ms Mwitta because the CP did not begin at least 30 days before the date of her dismissal.
Update [13 October 2010]
However, in Pinewood Repro Ltd v Page [EAT/0028/10], the EAT held that an employee's redundancy dismissal was unfair due to an unfair consultation. The employer did not explain the basis of the employee's score of 60% for a subjective flexibility criterion to enable the employee to challenge the score [see paras. 43 - 46].
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