In United States of America v Nolan  IRLR 40 CA, the Court of Appeal decided that the case could not be resolved without further guidance from the ECJ on the stage at which an employer's duty to consult over collective redundancies is triggered.
The Court of Appeal has decided to seek clarification from the European Court of Justice (ECJ) as to when the obligation to consult on collective redundancies arises where an employer proposes closing a workplace.
The Employment Appeal Tribunal has upheld a tribunal decision to reduce a protective award for the employer's failure to undertake collective redundancy consultation due to the union effectively condoning the failure.
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