- Collective redundancy consultation: trigger is 20 employees in one entity (News, 30 April 2015)
- Impact of this case
- Background law
- The facts and previous decisions
- The judgment of the ECJ
In the Collective Redundancies Directive the term ‘establishment’ must be interpreted uniformly as meaning the ‘entity to which the workers made redundant are assigned to carry out their duties’, according to a full judgment of the ECJ which comes to the same conclusion as the Opinion of the Advocate General. The effect of this interpretation is that the trigger for collective redundancy consultation obligations would be the dismissal of 20 employees in one establishment rather than 20 employees across all of the employer’s establishments. ECJ: USDAW v (1) WW Realisation 1 (2) Ethel Austin (3) SoS for BIS.
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