Mann and Others v. Secretary of State for Employment, (1999)

Extract

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Mann and Others v. Secretary of State for Employment, (1999)

HOUSE OF LORDS

Lord Slynn of Hadley

Lord Jauncey of Tullichettle

Lord Hoffmann

Lord Hope of Craighead

Lord Hobhouse of Woodborough

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE

MANN AND OTHERS

(APPELLANTS)

v.

SECRETARY OF STATE FOR EMPLOYMENT

(RESPONDENT)

ON 15 JULY 1999

LORD SLYNN OF HADLEY

My Lords,

For the reasons given by my noble and learned friend Lord Hoffmann, whose speech I have had the advantage of reading in draft, I, too, would dismiss the appeal.

LORD JAUNCEY OF TULLICHETTLE

My Lords,

I have had the advantage of reading in draft the speech which has been prepared by my noble and learned friend Lord Hoffmann. I agree with it, and for the reasons which he has given I too would dismiss the appeal.

LORD HOFFMANN

My Lords,

This is a claim against the Secretary of State for Employment, as statutory guarantor of the obligations of an insolvent employer, for payment of remuneration awarded to employees on account of the employer's breach of its statutory obligation to consult with their union before dismissing them as redundant. Both the liability of the Secretary of State as guarantor and the obligation of the employer to consult are contained in statutes which give effect to European Council Directives. The employees say that the Secretary of State has misconstrued his obligations under both Community and domestic law and has not paid them the full amount to which they are entitled.

My Lords, I shall start by summarising the statutory provisions which create, first, the obligation of the employer to consult before dismissing for redundancy and, secondly, the liability of the Secretary of State as guarantor. But rather than encumber this speech with citation, I have set out the relevant provisions in an appendix to which reference may be made.

The employer's obligation to consult before dismissal for redundancy is contained in Chapter II of Part IV of the Trade...

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