header-logo header-logo

04 December 2015 / John McMullen
Issue: 7679 / Categories: Features , Employment
printer mail-detail

Extending the reach

web_mcmullen_0

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll