Search
Close this search box.

ECJ confirms meaning of establishment for collective redundancy consultation

Following its decision in the Woolworths/Usdaw case, [see News Update 30 April 2015] the ECJ has published its judgment in Lyttle and others v Bluebird UK Bidco 2 Ltd which we highlighted in our ‘cases to look out for in 2015’ legal alert earlier this year.

Following its decision in the Woolworths/Usdaw case, the ECJ has published its judgment in Lyttle and others v Bluebird UK Bidco 2 Ltd which we highlighted in our ‘cases to look out for in 2015’ legal alert earlier this year. In Lyttle, the question a Northern Ireland tribunal posed to the ECJ, was not materially different to that in the Woolworths/Usdaw case, i.e. whether the word “establishment” in the European Collective Redundancies Directive means a sub-unit of a business or the business overall. It comes as no surprise that the ECJ followed the same logic applied in the Woolworth’s case and ruled that “establishment” means the local unit to which the redundant workers are assigned to carry out their duties. Therefore it is not contrary to EU law to require information and consultation only where there are at least 20 proposed redundancies in one particular establishment and not 20 or more across the business as a whole. The ruling confirms that Northern Irish law complies with EU law, in the same way that the Woolworths case approved the law in the rest of the UK.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

Read more

Latest News

Read More

Rise in recruitment fraud must urgently be checked

28 March 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Warwick – WMGSalary: £23,144 to £25,138 per annum This provides summary information and comment on the subject areas covered. Where employment tribunal and

The Open University – People ServicesSalary: £57,696 to £64,914 + up to £8,000 per annum MRP supplement* This provides summary information and comment on the

Cardiff UniversitySalary: Competitive This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information

University of Oxford – Oxford Department of International DevelopmentSalary: £28,759 to £33,966 (Grade 5) This provides summary information and comment on the subject areas covered.

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE