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USDAW & Wilson v Woolworths & Ors (Case C-182/13)

The Employment Appeal Tribunal (EAT) has recently published its judgment in a case surrounding the collapse of Woolworths, and has stated that UK law on collective redundancy consultation does not comply with the European Collective Redundancies Directive. As a result, if an employer is seeking to make 20 or more redundancies over a period of 90 days, it will have to initiate a consultation with employee representatives.

Previously, UK law provided that this consultation was only necessary if the employer was proposing to make 20 or more workers redundant at one establishment within 90 days. However, the EAT has ruled that the 'at one establishment' part of the law should be 'deleted' to bring UK legislation in line with the EU.

 

The law change makes it more likely that collective redundancy consultations are necessary. Even if employers are only making one redundancy from several business locations, there are now obliged to consult collectively with that one person (i.e consult with any employee representatives) provided that, taken as a whole, there are 20 or more redundancies proposed within a 90-day period.

The case may still be taken to the Court of Appeal.

For the full judgement of the case click here

Last modified on Saturday, 07 February 2015 21:25
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