header-logo header-logo

31 July 2015 / John McMullen
Issue: 7663 / Categories: Features , Employment
printer mail-detail

Sticking together?

nlj_7663_mcmullen

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)

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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll