The Employment Appeal Tribunal has held that a school's obligation to consult on collective redundancies arose when a provisional decision was made in February 2013 that the school would close unless the pupil intake number improved by April 2013.
DLA Piper's latest case report examines the next steps in the recent Woolworths redundancy case at the ECJ, which examined the retail chain's failure to consult employees on their redundancies, and the implications of the decision for employers.
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.
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.
The European Court of Justice (ECJ) has held that, when deciding whether or not collective redundancy consultation obligations are triggered, the number of proposed redundancies should be measured in the entity to which the workers made redundant are assigned to carry out their duties, rather than across the whole organisation.
In a case about the pre-6 April 2013 legal position, the Supreme Court has overturned the Court of Session decision that dismissals that resulted from the expiry of fixed-term contracts did not count towards the threshold for triggering collective redundancy consultation obligations.
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.
Use this redundancy workflow to carry out an election of employee representatives for collective redundancy consultation purposes.
HR and legal information and guidance relating to redundancy information and consultation.