Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Employment law 2014 preview: redundancy

We begin 2014 with a fresh reference to the Court of Justice of the European Union (CJEU) on whether UK law correctly implements the European Collective Redundancies Directive. Is the duty triggered where the employer is proposing to dismiss as redundant 20 or more employees ‘at one establishment’ as provided in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992? Or is it triggered when proposing to dismiss 20 or more employees across the employer’s business as a whole as held by the Employment Appeal Tribunal (EAT)?

In a historic and controversial decision last year, the Employment Appeal Tribunal (EAT) in the combined cases of USDAW v Ethel Austin Ltd (in administration) and USDAW v WW Realisation 1 Ltd (commonly referred to as the Woolworths litigation) held that section 188 does not correctly implement the underlying EU Directive. The words ‘at one establishment’ are to be disregarded for the purposes of any collective redundancy involving 20 or more employees. This means that employers will have to consult employee representatives in many more situations…

If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Wragge Lawrence Graham & Co

View more briefings from Wragge Lawrence Graham & Co

Analysis from The Lawyer

  • Paul Wilson

    Regional: attempted merger

    Alliances, failed and successful, are the story of the year outside London

  • Belinda Bradberry

    Interior designs

    Polish up your retention policy - private practice lawyers are increasingly eyeing in-house roles

View more analysis from The Lawyer


2 Snowhill
B4 6WR

Turnover (£m): 121.16
No. of lawyers: 440