The council had dismissed all workers within a group of employees, and invited them to re-apply for their jobs. The council now appealed a protective award made on the basis that there had been inadequate consultation with the union. Held: The court refused permission to raise a new point of law not argued below as … Continue reading Unison v Leicestershire County Council: CA 29 Jun 2006
The claimant alleged that his selection for redundancy was unfair, the company having failed properly to consult its own employee consultation council and in having failed to disclose its scoring system. The company said that any such complaint could only be made by the representative with whom consultation should have taken place. Held: The claimant … Continue reading Northgate HR Ltd v Mercy: CA 13 Dec 2007
The employer appealed against a protective award made for failing to consult the union on prospective redundancies. Held: The appeal failed. The duty to consult arose as soon as the redundancies were fixed as a clear, even if there had been only a provisional intention. There was also a duty to consult as to the … Continue reading UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another: EAT 27 Sep 2007
ECJ Free Movement of Persons – Collective redundancies – Council Directive 98/59/EC Article 1(1)(a) – Termination of the establishment’s activities of the employer’s own volition – Concept of ‘establishment’.‘for the purposes of the application of Directive 98/59, an ‘establishment’, in the context of an undertaking, may consist of a distinct entity, having a certain degree … Continue reading Athinaiki Chartopoiia AE v L Panagiotidis and Others, third party: Geniki Sinomospondia Ergaton Elladas (GSEE): ECJ 15 Feb 2007
ECJ Social Policy – Directive 98/59/EC – Collective redundancies – Consultation with workers’ representatives – Notification to the competent public authority – Concept of ‘redundancy’ – Time at which redundancy takes effect.The ECJ observed: ‘The case in which the employer ‘is contemplating’ collective redundancies and has drawn up a ‘project’ to that end corresponds to … Continue reading Junk v Kuhnel: ECJ 27 Jan 2005
The term ‘establishment’ for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: ‘The term ‘establishment’ appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be interpreted as designating, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out … Continue reading Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
