University and College Union v The University of Stirling (Scotland) скачать в хорошем качестве

University and College Union v The University of Stirling (Scotland)

[2015] UKSC 26 UKSC 2014/0067 University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) On appeal from the Inner House of the Court of Session The issue in this case was whether employees’ dismissals, at the expiry of their fixed-term contracts "related to the individual concerned" within the meaning of s. 195 Trade Union and Labour Relations (Consolidation) Act 1992 ("TULR(C)A"). In 2009 the University of Stirling proposed to dismiss employees as redundant, in order to offset a projected financial deficit. The University anticipated that reducing the deficit could involve up to 140 redundancies. The University began consultations with trade unions including the University and College Union (UCU). The University did not consider that it had any legal obligation to consult collectively in relation to proposed dismissals arising from the expiry and non-renewal of Fixed Term Contracts (FTC) and the 140 proposed redundancies did not include staff on FTCs whose contracts were not to be renewed. The University did not, therefore, collectively consult with UCU or other unions on the non-renewal of FTCs in relation to these staff. The UCU considered that the University’s collective consultation obligation extended to employees employed on FTCs, and complained to the Employment Tribunal. The Employment Tribunal held, in respect of four test cases, that three of the four employees had been dismissed and that those three had been dismissed as redundant. The Employment Appeal Tribunal overturned this decision, and the Inner House upheld the Employment Appeal Tribunal’s determination. In the Inner House’s view, each of the test case employees had been dismissed for reasons particular to them as individuals, including that they had agreed that their employment would come to an end at a determinate point. They had not been dismissed as redundant, and there was no need to make a reference. The UCU appealed to the Supreme Court. The Supreme Court unanimously allows the Union’s appeal and remits the case to the Employment Tribunal for consideration of the remaining issues.