In our July 2013 edition of HR Headlines we reported on the EAT's decision in the Woolworths and Ethel Austin cases which removed the requirement for collective redundancies to be made at "one establishment". Therefore, if an employer proposed 20 or more redundancy dismissals within a 90 day period anywhere in the employer's business even if they are at different locations, the duty to collectively inform and consult would be triggered.
This has significantly changed the legal position concerning when the duty to collective inform and consult is triggered. The Secretary of State appealed to the Court of Appeal which has referred the case to the European Court of Justice to determine whether the requirement for the dismissals to be at one establishment should be retained or removed.
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