Collective consultation – an update

What do we already know? We updated you in our May 2015 Newsletter Case update (1): Collective consultation – big decision time on the Woolworths case (USDAW and another v WW Realisation 1 Ltd (in liquidation) and others) and that the CJEU had confirmed that collective consultation is not triggered whenever planned redundancies, or changes…
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Case update (3): Collective consultation – indirect redundancy

Summary: Does “redundancy” for the purpose of EU collective consultation laws include resignations in response to the employer making significant detrimental changes to the employee’s employment contract? Yes, this is ‘indirect redundancy’ says the CJEU in Pujante Rivera v Gestora Clubs Dir SL and another available here. Facts: Between 16 and 26 September 2013, Gestora…
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Collective redundancies: No notice – no mercy!

What do we already know? It is a legal requirement (under section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A)) that employers should notify the Secretary of State in collective redundancy situations. This involves the submission of a standard form, HR1. When exactly the form needs to be submitted varies according…
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Case update (2): More collective consultation

Following the above CJEU decision in the “Woolworths” case, that Court has also considered two further decisions relating to collective consultation in the context of redundancy. 1. Lyttle v Bluebird available here. Summary: Is a single retail store capable of being an “establishment” for collective redundancy consultation purposes? Yes, held the CJEU. This decision was…
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Case update (1): Collective consultation – big decision time

In our May 2015 Newsflash Collective consultation – an update we updated you that the CJEU followed the Advocate General’s Opinion in the Woolworths case (USDAW and another v WW Realisation 1 Ltd (in liquidation) and others). The CJEU’s decision is set out below. Summary: The CJEU has confirmed that collective consultation is not triggered…
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Newsflash: Collective consultation – an update

What do we already know? In our February 2015 Newsflash Collective consultation – an update we told you that the Advocate General of the CJEU (Advocate General Wahl) had given his Opinion in the case of USDAW v Woolworths that collective consultation is not triggered whenever planned redundancies, or changes to terms and conditions add…
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Collective redundancy – decision coming

What do we already know? We updated you in our February Newsletter Case update (2): Collective consultation – a brighter future? that Advocate General Wahl had decided in the Woolworths case (USDAW and another v WW Realisation 1 Ltd (in liquidation) and others) that the duty to collectively consult on 20+ planned redundancies (or changes…
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Case update (2): Collective consultation – a brighter future?

We updated you in our February Newsflash Collective consultation – an update that Advocate General Wahl has given his opinion that collective consultation is not triggered whenever planned redundancies, or changes to terms and conditions add up to 20+ across the whole of the UK business. We explore this decision in more detail below… Summary:…
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Newsflash: Collective consultation – an update

What do we already know? In our July 2013 Newsflash Important changes to collective consultation we told you about the EAT decision in USDAW v Woolworths. We let you know that, controversially, the EAT decided that employers should consult collectively whenever planned redundancies, or changes to terms and conditions add up to 20+ across the…
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Newsflash: Collective consultation – an update

What do we already know? In our July 2013 Newsflash Important changes to collective consultation we told you about the case of USDAW v Woolworths. We let you know that, controversially, the EAT in this case decided that employers should consult collectively whenever planned redundancies, or changes to terms and conditions add up to 20+…
Continue reading