Keeping Kids Company (In compulsory liquidation) v Smith & Ors UKEAT/0057/17/BA
Appeal against a finding that the employer had failed to comply with its obligations under section 188 TULRCA after it was placed in compulsory liquidation, and that the employees were therefore entitled to a 90-day protective award. Appeal allowed in part.
McCartney & Unite v Nortel Networks  EWHC 826 (Ch)
Judgment on applications concerning whether redundant employees of a company in administration can pursue claims against that company and whether their claims for unfair and wrongful dismissal are exceptional items or are normal debts in administration. Applications refused.
Shanahan v Unite the Union UKEAT/0411/09/DM
Appeal against decision by ET that the employer was in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) by failing to consult with the appropriate trade union representatives when proposing to make more than 20 employees redundant. The employer also challenged the ET ruling that they should make a 90 day protected award to each of the employees who had been made redundant. Appeal in relation to breach of duty failed; appeal against the protected award succeeded and remitted back to the ET.