This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.
In United States of America v Nolan  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.
The Employment Appeal Tribunal has provided a reminder of how "establishment" should be defined for the purposes of consulting collectively on redundancies under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The European Court of Justice has decided that it does not have jurisdiction to hear the reference from the Court of Appeal seeking clarification on when the obligation to consult on collective redundancies is triggered.
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