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Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

Georgios Agorastoudis and Others, Ioannis Panou and Others, Kostantinos Kotsampougioukis and Others, Georgios Akritopoulos and Others v Goodyear Hellas AVEE: ECJ 7 Sep 2006

ECJ Collective redundancies – Directive 75/129/EEC – Article 1(2)(d) – Termination of an establishment’s activities as a result of a judicial decision – Termination of an establishment’s activities of the employer’s own volition. Citations: C-188/05, [2006] EUECJ C-188/05 Links: Bailii Statutes: Directive 75/129/EEC Jurisdiction: European European Updated: 28 January 2022; Ref: scu.244829

University and College Union v The University of Stirling: SC 29 Apr 2015

The University needed to reduce its staff. They and the Union disputed whether research assistants on limited term contracts would simply cease to be employd as their terms concluded, or were entitled to be made redudant. Held: The appeal was allowed. the Employment Appeal Tribunal stated the proper test: ‘A reason relates to the individual … Continue reading University and College Union v The University of Stirling: SC 29 Apr 2015

Athinaiki Chartopoiia AE v L Panagiotidis and Others, third party: Geniki Sinomospondia Ergaton Elladas (GSEE): ECJ 15 Feb 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

Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996

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

Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd: EAT 4 Aug 1998

Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the regulations caught the transaction, even though the Directive made no mention … Continue reading Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd: EAT 4 Aug 1998

Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others: QBD 1993

British Coal Corporation had decided to close 31 deep mine collieries. The court was asked as to just what consultation obligations fell on the employer under the 1946 Act. Held: The section did create an obligation to consult. Glidewell LJ, made obiter comments on the similar consultation duties under section 188 of the 1992 Act: … Continue reading Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others: QBD 1993

Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy: QBD 1993

Glidewell LJ considered the significance of the difference between the wording of the EC Directive, and the section implementing it and said: ‘In my view the difference between the wording of the Directive and the wording of section 188 of the Act 1992 is such that the section cannot be interpreted as having the same … Continue reading Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy: QBD 1993

MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002

EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as redundancies were contemplated. Held: The Union’s appeal failed. There was no error of law. What counted as ‘good time’: ‘is not … Continue reading MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002