04/03/2010 - Volunteers do count

17+3=20 says the EAT and the collective consultation rules apply. Remember that the magic number that does not trigger the regulation is 19, more.............

A Leeds company who were a member of EEF wanted to make a number of redundancies. When the redundancy process was in hand they accepted 3 volunteers, and went on to make a further 17 redundant. You have to consult with us said the TGWU, no we don't said the company after taking advice "the volunteers do not count".

The EAT disagrees and the message is that when a redundancy is in hand you need to ensure that leavers are for genuine reasons unconnected with the redundancy, otherwise they do count!
Optare Group Ltd-v-TGWU EAT 143/2007

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