British employers are waiting for 3 court rulings (2 from the CJEU and 1 from a High Court) that could clarify two major aspects of collective redundancies law: at what level (establishment or group) should the criteria defining collective dismissal be appreciated, and at what point collective consultation should be triggered?
Under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, an employer proposing to dismiss as redundant 20 or more employees at one ‘establishment’ within a period of 90 days or less must consult with appropriate representatives and the consultation must begin ‘in good time’. In Lyttle v Bluebird UK Bidco 2 Ltd, a Northern Ireland tribunal has asked the Court of Justice of the European Union (CJEU) to clarify the meaning of ‘establishment’ in the European Union collective redundancies directive, and whether the duty to consult collectively is triggered when 20 or more employees are dismissed at a particular establishment or across the whole organisation.
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