Industrial Chemicals Ltd v Reeks & Ors

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 5 May 2004 Judgment delivered on 7 July 2004 Before

INDUSTRIAL CHEMICALS LTD APPELLANT (1) MR JOHN MICHAEL REEKS (2) MR JAMES PATRICK HILL (3) MR ROBERT VICTOR COOPER (4) MR ROBERT STEVEN LUCAS (5 MR PAUL PLOM (6) MR LEE JOHN DICKENS (7) MR PETER HIGGINS (8) MR ALEC UREN RESPONDENTS

Application of sections 188-189 of the Trade Union and Labour Relations (Consolidation) Act 1992 to a sudden close of a plant. Calculation of Protective Award.

i) It properly directed itself to examine the Appellant's evidence on the "speed and critical nature of developments over the last days" in deciding whether or not there was sufficient evidence that these developments constituted "special circumstances" such that it was not reasonably practicable to comply with the Appellant's consultation obligations under s.188 of TULRCA 1992 [para 52];

ii) It properly directed itself to look at whether the Appellant's evidence on its financial position demonstrated a sufficiently impending disaster such that the Appellant's burden of proving "special circumstances" was discharged [para 53];