header-logo header-logo

31 July 2015 / John McMullen
Issue: 7663 / Categories: Features , Employment
printer mail-detail

Sticking together?

nlj_7663_mcmullen

The issues of information & consultation on collective redundancies have been revisited, observes John McMullen

Issues concerning the employer’s duty to inform and consult on collective redundancies continue to occupy the courts.

Usdaw & its sister litigation

In USDAW and Wilson v WW Realisation 1 Ltd (in liquidation), Ethel Austin Ltd and Secretary of State for Business Innovation an Skills (Case C-80/14), the European Court decided that, for the purposes of compulsory information and consultation on collective redundancies under the EU Collective Redundancies Directive 98/59 (and also s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRe(C)A 1992)), where the obligation arises where 20 or more employees are to be dismissed at any one “establishment”, the word “establishment” means the unit which the workers made redundant are assigned to carry out their duties, rather than the organisation as a whole.

The court has confirmed this interpretation in two further cases, Lyttle v Bluebird UK Bidco 2 Limited (Case C-182/13) and Cañas v Nexea Gestión Documental SA, Fondo de Garantía Salarial (Case C-392/13)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll