header-logo header-logo

Home Login E-newsletter About us
15 November 2007
Issue: 7297 / Categories: Features , Employment
printer mail-detail

Employment law brief: 16 November 2007

© Copyright LexisNexis 2026. All Rights Reserved.

CONSULTING ON CLOSURES >>
VOLUNTARY REDUNDANCY >>
WHAT IS “ESTABLISHMENT”? >>

The question of consultation on collective redundancies is back on the legal map, especially since the decision of the European Court of Justice (ECJ) that “consultation” means consultation and must happen in good time (Junk v Kuhnel (Case C-188/03) [2005] All ER (D) 264 (Jan)) and the decision of the Court of Appeal that a protective award for failure to consult is meant to be punitive and costly (GMB and others v Susie Radin Ltd, [2004] 2 All ER 279). Even so, it was still something of a surprise to see the decision of the Employment Appeals Tribunal (EAT) in National Union of Mineworkers (Northumberland Area) and another v UK Coal Mining Ltd [2007] All ER (D) 315 (Oct) reported in the Times business section in late October as its lead story, stating that it moves us closer to the European model on plant closures (with arguments then about the possible effects on the UK’s competitive advantage).  

While this decision has the potential

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Zylpha LogoClick to know more
NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
Read All
NLJ this week: Reframing family dispute resolution
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
NLJ this week: Employment law updates on restraints, representation & tribunal boundaries
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
NLJ this week Civil way: Practical procedure lessons & cautionary tales
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
NLJ this week: Fraud in the digital age

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

NLJ this week: Right outcome, troubling reasoning?
How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Copyright © 2026 LexisNexis
back-to-top-scroll