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04 December 2015 / John McMullen
Issue: 7679 / Categories: Features , Employment
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Extending the reach

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The case of USA v Nolan tackles an important jurisdictional point within employment law, says John McMullen

Employment lawyers have been waiting for some years for a definitive view on when, exactly, the duty on employers to inform and consult on multiple redundancies under s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) commences. Is it, for example, on a closure of the business, at the point when the employer is considering closing the business or, alternatively, is it only when consequential redundancies are proposed following that closure? In UK Coal Mining Limited v National Union of Mineworkers (Northumberland Area) (EAT/0397/06/R9) the Employment Appeal Tribunal (EAT) (Elias P as he then was) held that there was a duty on employers to consult on the commercial reasons for closing the business (where redundancies would be inevitable), not just on the consequential proposal for redundancies which followed.

Subsequent to this, the European Court handed down guidance on this issue following a referral from the Supreme Court of Finland in the case of Akavan Erityisalojen Keskuslitto AEK ry v Fujitsu Siemens Computers Oy C-44/08

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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