17 + 3 = 20, conculdes the EAT in Optare Group v TGWU.
The employer made 17 compulsory redundancies, immediately on the back of 3 voluntary redundancies. The union alleged that the collective consultation requirements were engaged, as the employer proposed to make 20 people redundant. 'Oh no', said the employer, 'you can't count the 3. We didn't propose to dismiss them - they left themselves'.
Funnily enough, the ET and EAT both disagreed. Holding that one asks the question, 'who really is responsible for the dismissals', it was evident that the employer had proposed to make 20 people redundant within a 90 day period - thus the collective consultation provisions were engaged and a protective award could be made.