The well-known Woolworths case (USDAW v Woolworths), in which the Employment Appeal Tribunal (“EAT”) held last year that the words ‘in one establishment’ should be ignored when deciding whether collective consultation obligations are triggered by 20 or more people being made redundant within 90 days, has been referred by the Court of Appeal to the Court of Justice of the European Union (CJEU). The question is whether the EAT was correct to do this.
This case has been dragging on for a long time with still no end in sight. In the meantime, it is safer for an employer who is considering making redundancies across a number of locations (‘establishments’) to aggregate the number of proposed redundancies across all of the locations to determine whether there are 20 or more , triggering the more stringent collective consultation obligations.
At Frettens, all of our solicitors offer a free initial meeting to chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.