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05 June 2015 / John McMullen
Issue: 7655 / Categories: Features , Employment
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Well-established?

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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