Middlesborough BC v TGWU [2002] IRLR 333

Defendant told the Union that it planned to make 150 employees redundant in over 90 days time, so as to allow for the consultation period under s.188.

However it then issued redundancy notices the next day.

TGWU argued:

1. That the decision on redundancies had already been made, so that there was no genuine consultation, and

2. That consultation was supposed to be about ways of avoiding redundancies, and not merely mitigation or reductions in numbers.

Thus Defendant was in breach of art. 188.

EAT agreed, saying that since ‘avoiding’ redundancies is one of the heads of consultation under 188, an employer may not escape it by arguing that consultation on that matter would be futile.

• Also the consultation was a sham: to be lawful within s.188 consultation has to be genuine and meaningful, with the views of the representatives being seriously considered by the employer.

• This wasn’t the case here.