She has managed global reduction in force programs for multinational clients and is skilled at navigating individual and
collective consultation requirements, including dealing with trade unions and works councils.
This decision of the ECJ in Atavan Erityisdojen AEK v Fujitsu Siemens Computers C - 44 / 08 [2009] IRLR 944, [2009] All ER (D) 69 (Sep) is of importance in clarifying the position
on collective consultation where «the employer» is part of a group of companies.
Successfully defended a # 400,000 claim
for collective consultation by the UK's largest trade union against a leading aviation business.
However, employees working in stores with fewer than 20 employees were excluded from the award on the basis that s 188 of the Trade Union and Labour Relations Act 1992 only requires
collective consultation where the proposed redundancies are at the same establishment.
Additionally, if more than 20 staff are to be let go, the law says there should be a period
of collective consultation between the employer and «appropriate» employee representatives (usually a union).
Monem, however, suggests while it may be politically expedient to attempt to consult through a collective aboriginal body, such as the union or the Chiefs of Ontario,
such collective consultation will do little to resolve concerns for particular First Nations communities.
If such changes have the effect of terminating the employment of 20 or more employees, the business could end up with very serious legal and financial liabilities
under collective consultation obligations.
However, it should always be remembered that if this is likely to result in 20 or more employees being «dismissed»
then collective consultation is triggered, because of the wide definition of «redundancy» in the Trade Union & Labour Relations (Consolidation) Act 1992.
We regularly advise on
collective consultation in restructuring and redundancy exercises, as well as transfers involving TUPE law.
Supporting employers in changing terms and conditions of employment through collective bargaining with trade unions, identifying negotiating strategies and collective consultation requirements
There are a number of areas of law which are enshrined in UK law such as discrimination rights, transfer of undertaking regulations, working time regulations and
collective consultation.
«There will be a number of communities, both Métis and First Nations, that believe they have specific issues that will not be fully addressed through
a collective consultation process.
These claims tend to fall within the areas of discrimination (including equal pay), whistleblowing,
collective consultation, TUPE or working time (including holiday pay).