Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawCase law

Protective awards only for recognised unions: Transport & General Workers Union v Brauer Coley Ltd UK

by Eversheds HR Group 28 Nov 2006
by Eversheds HR Group 28 Nov 2006

Transport & General Workers Union v Brauer Coley Ltd UK, EAT, 27 October 2006


Background


Following redundancies at the industrial engineering firm Brauer Coley, the trade union that the company formally recognised for its shop-floor engineering section, the Transport and General Workers Union (T&G), claimed compensation for all redundant employees (including many workers in other sections). The T&G alleged that the company had failed to comply with its collective consultation obligations, and claimed ‘protective awards’ as a result.


In redundancy situations, the duty to consult with employee representatives (eg trade unions recognised for collective bargaining or elected representatives) applies where an employer is proposing to make 20 or more employees at one establishment redundant within a period of 90 days or less. Where an employer fails to comply, it may be liable to pay compensation in the form of protective awards.


Decision


The tribunal granted a protective award, but only to the shop-floor engineering section employees. The T&G appealed.


On appeal, the EAT confirmed that only those employees who are the subject of a protective award may enforce it and, as the tribunal had ruled here, only those employees for whom the union was recognised could benefit from the award. Other employees had to either claim individually or via any elected employee representatives.


Comment


The central question in this case was whether staff who were not represented by the union could benefit from the protective award. On the facts of this case, the answer appears to be no. However, as this case concerned a previously undecided point, the EAT gave the union permission to go to the Court of Appeal.




Avatar
Eversheds HR Group

previous post
National Skills Academy for Financial Services appoints Sylvia Perrins as director
next post
Global competition: How are UK employers competing on the world stage?

You may also like

HMRC looking to recoup £1.4bn from businesses’ use...

1 Aug 2022

Ministers release guidance to clarify UK employment status...

28 Jul 2022

Underpayment not reported due to ‘fear and insecurity’

25 Jul 2022

Supreme Court: Holiday pay for part-year staff should...

20 Jul 2022

The risks of sexual harassment in the metaverse

14 Jul 2022

One in nine UK workers is in insecure...

12 Jul 2022

Should employers pay for restrictive covenants?

8 Jul 2022

Founder disputes: the significance of fair play

8 Jul 2022

Maya Forstater wins belief discrimination case over gender-critical...

6 Jul 2022

Employment law changes for 2022 and beyond: update...

1 Jul 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+