0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

collective redundancy - latest position

26 March 2012

When a decision is made by a parent company that may result in redundancies, when does the subsidiary need to start collective redundancy consultation? The Advocate General’s opinion in United States of America v Nolan is, when a strategic or commercial decision is taken which compels the employer to contemplate or plan redundancies. The A-G’s opinion is not always followed by the ECJ, but usually will be.

The case of UK Coal Mining v NUM had indicated that consultation needed to start before the decision which may result in redundancies had been taken (e.g. a decision to close a site). This hasn’t been expressly rejected by the A-G’s opinion, but it appears to have been diluted, which is good news for employers.

The European law on this point has been unclear to say the least, and this opinion only helps as far as saying that consultation should not be started too soon or too late. Deciding when exactly that is might not be so simple.

related opinions

Lateral flow daily contact testing paused

Following last week’s Guardian article about the concerns over lateral flow daily testing for those identified as having been a close contact of a person testing positive for Covid-19, Public Health England (PHE) and NHS Test and Trace (NHSTT) have published a position statement to recommend that daily contact testing in schools will be paused.

View blog

The lateral flow testing of university students

Guidance for students returning to, and starting higher education, in spring term 2021 requires universities to set a clear expectation that all students should access Covid-19 testing on their return to university.

View blog

Lateral flow testing in schools

Lateral flow testing is underway in schools across England to provide rapid Covid-19 testing of staff and students in secondary schools and colleges.

View blog

Immigration rules post Brexit

Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up