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30 October 2015
Issue: 7674 / Categories: Case law , Law digest , In Court
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Redundancy

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United States of America v Nolan [2015] UKSC 63, [2015] All ER (D) 183 (Oct)

The respondent employee had successfully issued proceedings in the UK seeking a protective award after she had been made redundant the day after the closure of the appellant US’s military base in the UK. The Supreme Court dismissed the US’s appeal, ruling, among other things, that amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 (SI 1995/2587), which required employee representatives to be designated for consultation purposes in all situations covered by the Act, were not ultra vires. Directive (EC) 98/59 left it open to member states to apply or introduce even more favourable laws, regulations or administrative provisions than those it required.

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