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Collective Redundancy Consultation
02-June-2015
02-June-2015 14:12
in General
by Admin
In USDAW and anor v VW Realisation 1 Ltd and ors, the European Court of Justice has confirmed that “establishment”, for the purpose of the collective redundancy consultation provisions in the EU Collective Redundancies Directive (No.98/59), means the entity to which the worker is assigned. Accordingly, under S.188 of the Trade Union and Labour Relations (Consolidation) Act 1992, where an undertaking comprises several entities meeting the criteria for “establishment”, collective consultation is required only at those establishments where it is proposed to dismiss 20 or more employees. There is no requirement for dismissals at all establishments to be aggregated for the purpose of this threshold.