Employment law brief: 16 November 2007

The question of consultation on collective redundancies is back on the legal map, especially since the decision of the European Court of Justice (ECJ) that “consultation” means consultation and must happen in good time (Junk v Kuhnel (Case C-188/03) [2005] All ER (D) 264 (Jan)) and the decision of the Court of Appeal that a protective award for failure to consult is meant to be punitive and costly (GMB and others v Susie Radin Ltd, [2004] 2 All ER 279). Even so, it was still something of a surprise to see the decision of the Employment Appeals Tribunal (EAT) in National Union of Mineworkers (Northumberland Area) and another v UK Coal Mining Ltd [2007] All ER (D) 315 (Oct) reported in the Times business section in late October as its lead story, stating that it moves us closer to the European model on plant closures (with arguments then about the possible effects on the UK’s competitive advantage).  

While this decision has the potential to make