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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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