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Sticking together?

31 July 2015 / John McMullen
Issue: 7663 / Categories: Features , Employment
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The issues of information & consultation on collective redundancies have been revisited, observes John McMullen

Issues concerning the employer’s duty to inform and consult on collective redundancies continue to occupy the courts.

Usdaw & its sister litigation

In USDAW and Wilson v WW Realisation 1 Ltd (in liquidation), Ethel Austin Ltd and Secretary of State for Business Innovation an Skills (Case C-80/14), the European Court decided that, for the purposes of compulsory information and consultation on collective redundancies under the EU Collective Redundancies Directive 98/59 (and also s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRe(C)A 1992)), where the obligation arises where 20 or more employees are to be dismissed at any one “establishment”, the word “establishment” means the unit which the workers made redundant are assigned to carry out their duties, rather than the organisation as a whole.

The court has confirmed this interpretation in two further cases, Lyttle v Bluebird UK Bidco 2 Limited (Case C-182/13) and Cañas v Nexea Gestión Documental SA, Fondo de Garantía Salarial (Case C-392/13)

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
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