Woolworths update: case to go to Court of Appeal

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The Employment Appeal Tribunal (EAT) decision in USDAW v Ethel Austin Ltd (in administration); USDAW and anor etc — the Woolworths case — sent shockwaves through the legal and HR professions.

By way of a reminder, in this case the EAT decided that the words ‘at one establishment’ should be deleted from section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.

The effect of this decision being that employers must now calculate all their proposed redundancies over a 90-day period nationwide, regardless of the specific location of each redundancy when considering whether collective consultation obligations will apply…

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