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04 December 2015 / John McMullen
Issue: 7679 / Categories: Features , Employment
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Extending the reach

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The case of USA v Nolan tackles an important jurisdictional point within employment law, says John McMullen

Employment lawyers have been waiting for some years for a definitive view on when, exactly, the duty on employers to inform and consult on multiple redundancies under s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) commences. Is it, for example, on a closure of the business, at the point when the employer is considering closing the business or, alternatively, is it only when consequential redundancies are proposed following that closure? In UK Coal Mining Limited v National Union of Mineworkers (Northumberland Area) (EAT/0397/06/R9) the Employment Appeal Tribunal (EAT) (Elias P as he then was) held that there was a duty on employers to consult on the commercial reasons for closing the business (where redundancies would be inevitable), not just on the consequential proposal for redundancies which followed.

Subsequent to this, the European Court handed down guidance on this issue following a referral from the Supreme Court of Finland in the case of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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