header-logo header-logo

20 May 2020 / Charles Pigott
Issue: 7887 / Categories: Features , Covid-19 , Employment
printer mail-detail

The (special) COVID catastrophe

21104
We’re living in extraordinary times…but are these special circumstances, asks Charles Pigott.
  • The courts have traditionally taken a restrictive approach to the special circumstances defence in the context of collective redundancies.
  • Are they likely to be more generous in the context of the coronavirus pandemic?

In one of the strange ironies of employment law, the leading authority on the special circumstances defence goes back to a routine bakery business insolvency in the 1970s: Clarks of Hove v Bakers Union [1978] IRLR 366, [1979] 1 All ER 152.

The defence can be deployed to relieve an employer from some of the collective information and consultation requirements which are triggered by a proposal to dismiss as redundant 20 or more employees at one establishment within 90 days.

Clarks looked at the wording which is now found in s 188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992: ‘If in any case there are special circumstances which render it not reasonably practicable for the employer to comply with a requirement of subsection (1A), (2) or (4), the employer shall

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll