Location, location, location… is entirely irrelevant in collective redundancy
Walker Morris now has the Employment Appeal Tribunal’s (EAT’s) written decision in the case of USDAW & Ors v WW Realisation 1 Ltd and another (commonly known as the ‘Woolworths case’).
The appeal to the EAT was against the employment tribunal’s finding that each store was a separate establishment and, as such, the duty to collectively consult was not triggered in respect of those stores employing fewer than 20 staff. The EAT’s written reasons confirm without any doubt that the words ‘at one establishment’ in the Trade Union and Labour Relations Consolidation Act (TULRCA) 1992 are to be disregarded so that once it is proposed that 20 or more employees in a single employer are to be made redundant, their location is entirely irrelevant.
The EAT found that the wording ‘at one establishment’ in TULRCA is incompatible with the European Collective Redundancies Directive (which does not contain the ‘one establishment’ wording). This discrepancy has been recognised by the courts for several years but, until now, the EAT has not considered it possible to construe the domestic legislation purposively to comply with the directive. In this case, the EAT carried out a detailed analysis of previous case law on the issue of how the UK courts should interpret domestic legislation where it conflicts with European law together with an analysis of parliamentary intentions when TULRCA was enacted and subsequently amended. On this basis, the EAT found that it could construe TULRCA (specifically section 188) in accordance with the directive…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
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
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
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.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
What’s coming up: the major cases, government policy changes, and litigation and dispute resolution legislation to look out for in 2015
We know that it is important for businesses to be aware of upcoming legal and regulatory changes, so that they can plan ahead. View Walker Morris’s summary of some of the key upcoming decisions in major cases, changes to government policy and forthcoming legislation relating to litigation and dispute resolution in an easy-to-use table by clicking the link below: http://www.walkermorris.co.uk/whats-coming
The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.