What you need to do about recent changes to collective redundancies law

Earlier this month, the Employment Appeal Tribunal (EAT) delivered its written judgment in the Woolworths collective redundancies case. The written judgment confirms the verbal decision and effectively turns on its head employers’ and their advisers’ understanding of this area of law. The prevailing view, held for more than 20 years, was that the duty to inform and consult (under section 188 of the Trade Unions and Labour Relations [Consolidation] Act 1992) only arises where an employer proposes to dismiss 20 or more employees at one establishment. As a result, employers focused on redundancy numbers per site, not on a multi-site, business-wide basis.

The EAT’s decision — to ignore the words ‘at one establishment’ in section 188 — means that information and consultation duties arise once the threshold of 20 proposed redundancies is met across the business. Although the decision may be open to a challenge, it would be imprudent to underestimate the impact of this decision…

If you are registered and logged in to the site, click on the link below to read the rest of the Nabarro 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.

Analysis from The Lawyer

View more analysis from The Lawyer


Lacon House
84 Theobald's Road

Turnover (£m): 116.70
No. of lawyers: 405