Posted by Gemma Ospedale, Partner
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More cases on collective consultation
Following the ECJ decision in the Woolworths case, the ECJ has handed down two further Judgments dealing with collective consultation.
One is Lyttle and others v Bluebird UK Bidco 2 Limited, and the second is Canas v Nexea Gestion Documental SA and another, and they both considered the issue of collective consultation obligations in the context of redundancy.
The question in Lyttle was the same as that in the Woolworths case and the ECJ took the same approach, namely that “establishment” means the local unit or entity where the workers are actually working and carrying out their duties at the time of the redundancy. It was a reference by Northern Ireland and the ECJ confirmed that the relevant legislation in Northern Ireland correctly implements the European Collective Redundancies Directive with regard to the meaning of “at one establishment”.
The Canas case was less relevant, considering the meaning of “undertaking” rather than “establishment” since this is the word used in the context of collective consultation obligations in Spanish legislation.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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