All items: Effect of EC law

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  Advocate General's opinion in United States of America v Nolan Case C-583/10 (2 reports relating to this case)

  • Case round-up

    Date:

    1 June 2012

    Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.

  • Advocate General delivers opinion on trigger point for obligation to consult on collective redundancies

    Date:

    23 March 2012

    The Advocate General has taken the view that the obligation on an employer to consult on collective redundancies is triggered when it makes a strategic or commercial decision that compels it to contemplate or plan for collective redundancies.

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  Advocate General's opinion in Usdaw v Ethel Austin Ltd (in administration); Lyttle and others v Bluebird UK Bidco 2 Ltd; Rabal Cañas v Nexea Gestión Documental SA, Fondo de Garantía Salarial Cases C-80/14, C-182/13 & C-392/13 (1 report relating to this case)

  • Collective redundancy consultation: Advocate General casts doubt on EAT interpretation of 20-employee threshold

    Date:

    5 February 2015

    The Advocate General has taken the view that, when deciding whether or not collective redundancy consultation obligations are triggered, the number of proposed redundancies should be measured in the "local employment unit" to which the potentially redundant employees are assigned to carry out their duties, rather than the whole organisation.

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  Balkaya v Kiesel Abbruch- und Recycling Technik GmbH [2015] IRLR 771 ECJ (1 report relating to this case)

  • Case round-up

    Date:

    1 October 2015

    David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

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  Guisado v Bankia SA and others Case C-103/16 ECJ (1 report relating to this case)

  • Pregnant workers can be included in collective redundancies, holds ECJ

    Date:

    23 February 2018

    In Guisado v Bankia SA and others, the European Court of Justice (ECJ) held that there is nothing in EU law to prevent a pregnant worker from being included in collective redundancies.

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  In Re Hartlebury Printers Ltd and others (in liquidation) [1992] IRLR 516 HC (1 report relating to this case)

  • In Re Hartlebury Printers Ltd and others (in liquidation)

    Date:

    1 November 1992

    In Re Hartlebury Printers Ltd and others (in liquidation) [1992] IRLR 516 HC, the High Court held that administration in itself did not amount to a special circumstance under the Employment Protection Act 1985, section 99(8). As a result, administration does not necessarily mean that the duty to consult with unions is impracticable.

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  Lyttle and others v Bluebird UK Bidco 2 Ltd [2015] IRLR 577 ECJ (2 reports relating to this case)

  • Collective redundancy consultation: "Establishment" means "local employment unit", not "undertaking"

    Date:

    27 August 2015

    In Lyttle and others v Bluebird UK Bidco 2 Ltd [2015] IRLR 577 ECJ, the ECJ held that the Collective Redundancies Directive must be interpreted as permitting national legislation that imposes an obligation of information and consultation only where at least 20 employees in a local employment unit are to be dismissed, rather than where an aggregate of 20 employees across the whole undertaking are to be dismissed.

  • Collective redundancy consultation: retailer's Northern Ireland stores capable of constituting an "establishment"

    Date:

    14 May 2015

    In this Northern Irish reference, the European Court of Justice (ECJ) has held that each of a retailer's store is capable of constituting an "establishment" for redundancy consultation purposes.

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  Pujante Rivera v Gestora Clubs Dir, SL and another [2016] IRLR 51 ECJ (2 reports relating to this case)

  • Collective redundancies: Termination by employee after significant changes to essential terms is "redundancy"

    Date:

    5 May 2016

    In Pujante Rivera v Gestora Clubs Dir, SL and another [2016] IRLR 51 ECJ, the ECJ held that, where an employee resigns in response to the employer making unilateral changes to essential terms in the employment contract for reasons not related to the employee concerned, this will amount to a "redundancy" within the meaning of art.1(1)(a)(i) of the Collective Redundancies Directive (98/59/EC).

  • ECJ rules on calculation of numerical thresholds under the Collective Redundancies Directive

    Date:

    26 November 2015

    The European Court of Justice (ECJ) has directed that a constructive dismissal resulting from the employer unilaterally reducing the employee's pay must be treated as a redundancy for the purposes of calculating when an employer's information and consultation obligations apply under the Collective Redundancies Directive.

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  R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others [1993] IRLR 104 HC (1 report relating to this case)

  • Judicial review: Pit closures without use of review procedure were unlawful

    Date:

    15 February 1993

    British Coal had a statutory obligation to use a review procedure agreed with the trade unions in relation to proposed pit closures, holds the High Court in R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others.

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  Rabal Cañas v Nexea Gestión Documental SA and another [2015] IRLR 577 ECJ (1 report relating to this case)

  • Collective redundancy consultation: Spanish law cannot measure redundancies across whole "undertaking"

    Date:

    14 May 2015

    In this Spanish reference, the European Court of Justice (ECJ) has reiterated that national legislation that uses the "undertaking" and not the "establishment" as the sole reference unit in collective redundancy consultation triggers is contrary to the Collective Redundancies Directive.

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  Securicor Omega Express Ltd v GMB [2004] IRLR 9 EAT (2 reports relating to this case)

  • Case round-up

    Date:

    1 November 2003

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Case round-up: defining gross misconduct and redundancy consultation obligations

    Date:

    2 September 2003

    This week's case round-up from Eversheds, covering: defining gross misconduct; and redundancy consultation obligations.