header-logo header-logo

05 June 2015 / John McMullen
Issue: 7655 / Categories: Features , Employment
printer mail-detail

Well-established?

nlj_7655_mcmullen

When it comes to collective redundancies the “establishment” wins, says John McMullen

As it is drafted, the obligation to inform and consult under s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is engaged when 20 or more redundancies are proposed “at one establishment” within a period of 90 days or less. The obligation seeks to implement the EU Collective Redundancies Directive 98/59. The question is whether the obligation applies where there are 20 or more redundancies across the entire business, or only when the threshold is met in a smaller business unit within the organisation. The latter would mean that workers in smaller business units may lose out if their employer fails to inform and consult.

Rockfon, Botzen & Athinaiki Chartopoiia

In Rockfon A/S v Specialarbejderforbundet i Danmark [1985] ECR 519, [1986] 2 CMLR 50, the European Court held that “establishment” for the purposes of the Collective Redundancies Directive must be understood as designating the unit to which the workers made redundant are “assigned to carry out their duties”. The court applied

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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll