The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to the ECJ, the court now considered a new issue. Judges: Moore-Bick, Rimer, Underhill LJJ Citations: … Continue reading The United States of America v Nolan: CA 4 Feb 2014
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
ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation to consult arises Judges: Mengozzi AG Citations: C-583/10, [2012] EUECJ C-583/10 Links: Bailii Statutes: Directive 98/59/EC Jurisdiction: European Citing: At EAT … Continue reading United States of America v Nolan: ECJ 22 Mar 2012
ECJ (Social Policy) References for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Immediate termination of employment contracts following a judicial decision ordering the dissolution and winding up of a legal person – No consultation of employees’ representatives – Equivalence of employer and liquidator. Citations: C-238/10, [2011] EUECJ C-238/10 Links: … Continue reading Claes v Landsbanki Luxembourg SA, in liquidation C-238/10: ECJ 3 Mar 2011
ECJ References for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Immediate termination of employment contracts following a judicial decision ordering the dissolution and winding up of a legal person – No consultation of employees’ representatives – Equivalence of employer and liquidator Citations: [2011] EUECJ C-235/10 Links: Bailii Jurisdiction: European … Continue reading Claes (Social Policy) C-235/10: ECJ 3 Mar 2011
ECJ References for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Immediate termination of employment contracts following a judicial decision ordering the dissolution and winding up of a legal person – No consultation of employees’ representatives – Equivalence of employer and liquidator Citations: [2011] EUECJ C-236/10 Links: Bailii Jurisdiction: European … Continue reading Claes (Social Policy) C-236/10: ECJ 3 Mar 2011
ECJ References for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Immediate termination of employment contracts following a judicial decision ordering the dissolution and winding up of a legal person – No consultation of employees’ representatives – Equivalence of employer and liquidator Citations: C-237/10, [2011] EUECJ C-237/10 Links: Bailii Jurisdiction: … Continue reading Claes (Social Policy) C-237/10: ECJ 3 Mar 2011
ECJ (Social Policy) References for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Immediate termination of employment contracts following a judicial decision ordering the dissolution and winding up of a legal person – No consultation of employees’ representatives – Equivalence of employer and liquidator. Citations: [2011] EUECJ C-239/10 Links: Bailii … Continue reading Claes and others v Landsbanki Luxembourg SA, in liquidation,: ECJ 3 Mar 2011
Judges: Laws, Hooper, Rimer LJJ Citations: [2010] EWCA Civ 1416 Links: Bailii Jurisdiction: England and Wales Citing: At EAT – United States of America v Nolan EAT 15-May-2009 EAT REDUNDANCY: Collective consultation and information / Protective award An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and … Continue reading United States of America v Nolan: CA 24 Nov 2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its staff on the redundancies. Judges: Laws, Hooper, Rimer LJJ Citations: [2010] EWCA … Continue reading United States of America v Nolan: CA 9 Nov 2010
ECJ Opinion – Directive 98/59/EC – Collective redundancies – Meaning – Termination of an employment contract following the death, retirement or incapacity of the employer. Judges: Mengozzi AG Citations: C-323/08, [2009] EUECJ C-323/08 – O Links: Bailii Statutes: Directive 98/59/EC Cited by: Opinion – Mayor and Others v The estate in abeyance of Rafael de … Continue reading Mayor and Others v The estate in abeyance of Rafael de las Heras Davila and Sagrario de las Heras Davila: ECJ 16 Jul 2009
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
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
(Judgment) Failure of a Member State to fulfil obligations – Directive 98/59/EC – Term Employer – National law which excludes non-profit-making activities from the scope of the directive – Incomplete transposition Citations: [2003] EUECJ C-32/02, [2003] ECR I-12063 Links: Bailii Jurisdiction: European Employment Updated: 04 July 2022; Ref: scu.187161
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
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
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
Approximation of Laws Approximation of Laws Social Policy : Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1) – Concept of ‘redundancies’ – Assimilation to redundancies of ‘terminations of an employment contract which occur on the employer’s initiative’ – Unilateral amendment by the employer of … Continue reading Socha and Others v Szpital Specjalistyczny im. A. Falkiewicza we Wroclawiu: ECJ 21 Sep 2017
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – Lack of jurisdiction of the Court Judges: R. Silva de Lapuerta P Citations: [2012] EUECJ C-583/10, … Continue reading United States of America v Nolan: ECJ 18 Oct 2012
ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a), first subparagraph – Concept of workers ‘normally employed’ at the establishment concerned – Article 1(1), second subparagraph – Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ – Method of … Continue reading Pujante Rivera v Fondo de Garantia Salarial: ECJ 11 Nov 2015
ECJ Judgment – Reference for a preliminary ruling – Directive 98/59/EC – Article 1(1)(a) – Collective redundancies – Concept of ‘worker’ – Member of the board of directors of a limited liability company – Person working under a scheme for training and reintegration into the labour market and benefitting from a public training grant but … Continue reading Balkaya v Kiesel Abbruch-und Recycling Technik GmbH: ECJ 9 Jul 2015
ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a) – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant T. von Danwitz, P C-182/13, [2015] EUECJ C-182/13, ECLI:EU:C:2015:317 Bailii Directive 98/59/EC 1(1)(a) European, Employment Updated: 30 December 2021; Ref: scu.546605
ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant T. von Danwitz, P C-392/13, [2015] EUECJ C-392/13, ECLI:EU:C:2015:318 Bailii Directive 98/59/EC European, Employment Updated: 30 December 2021; Ref: scu.546608
ECJ Reference for a preliminary ruling – Protection of workers – Collective redundancies – Directive 98/59/EC – Termination of contracts of employment as a result of the death of the employer [2009] EUECJ C-323/08, C-323/08 Bailii Directive 98/59/EC Citing: Opinion – Mayor and Others v The estate in abeyance of Rafael de las Heras Davila … Continue reading Mayor and Others v The estate in abeyance of Rafael de las Heras Davila and Sagrario de las Heras Davila: ECJ 10 Dec 2009
EAT REDUNDANCY: Collective consultation and information / Protective award An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult representatives of civilian employees at a US Army Base about the reasons for its closure and by failing to … Continue reading United States of America v Nolan: EAT 15 May 2009
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a) – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant T von Danwitz, P C-80/14, [2015] EUECJ C-80/14, ECLI:EU:C:2015:291 Bailii Directive 98/59/EC 1(1)(a) European Employment, Insolvency Updated: 09 November 2021; Ref: scu.546229
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
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
