Smith and others v Keeping Kids Company (in compulsory liquidation)

Employment – Redundancy. The Employment Appeal Tribunal (the EAT) ruled on an appeal concerning the obligation to consult regarding collective redundancies, under s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The employees had been dismissed by reason of redundancy, following the closure of their employer, Keeping Kids Company. The employment tribunal (the tribunal) upheld the employees' claims for protective awards. In allowing the employer's appeal in part, the EAT held that the tribunal had permissibly concluded that the employer's obligation to consult under s 188 had been triggered by June 2015. However, the EAT ruled that the tribunal had erred in failing to find that negative publicity regarding a police investigation in July 2015 might have been a relevant matter when considering the period covered by any protective award.

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