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Redundancy: No clarification on trigger for collective redundancy consultation

This report relates to 1 case(s)

In United States of America v Nolan [2012] IRLR 1020 ECJ, the ECJ held that it had no jurisdiction to answer the Court of Appeal’s referred question seeking guidance as to the starting point for consultation about collective redundancies as the employer concerned was a sovereign nation not covered by the relevant Directive.

Key points

  • The dismissal of civilian staff on the closure of a US military base in England fell outside the scope of the Collective Redundancies Directive by virtue of art.1(2)(b), which provides that the Directive shall not apply to workers employed by public administrative bodies or establishments governed by public law.