Back in March, this blog reported the EAT decision in Mercy v Northgate HR Ltd (see http://www.pjhlaw.co.uk/blog/individuals-can-not-bring-a-claim-for-a-protective-award/).

Leave to appeal this important decision has been granted by the Court of Appeal.

Will the Court of Appeal overturn the decision of the EAT and hold that an individual (as well as a union or elected representatives) can bring a claim for a protective award in redundancy cases because of a failure (that affected the individual) to consult with representatives in accordance with TULR(C)A 1992? 

The case should be heard before the Court of Appeal later this year or early in 2008 – watch this space for more news!