enbgzh-CNzh-TWhrcsdanlettlfifrkadeelgaitlvltnoplptrorusrskslessv

Advice on Handling Redundancy

May 2017

1. The long awaited “Woolworths” decision has been handed down by the ECJ. The case revolved around the concept of “at one establishment” and whether or not the numbers of employees being made redundant should be aggregated (eg) add together numbers of employee from different branches which were closing down, whereupon if the numbers crossed the numeric threshold then the collective redundancy consultation requirements of the law would be triggered. However, as was perhaps foretold by the earlier Advocate General’s opinion the decision went against the trade union USDAW and as such each store can now be deemed a separate establishment.

http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-04/cp150047en.pdf

2. Using different redundancy selection criteria for employee returning from parental leave is contrary to EU law (ECJ). Riezniece v Zemkopibas ministrija.

In light of these decisions the Agency is currently reviewing this Advisory Guide - Advice on handling redundancy.

Further information and help

If you require further information or help with this publication please contact us

Telephone Enquiry Point

The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.

The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.

03300 555 300
Monday - Friday 9.00am to 5.00pm
Copyright ©2017 Labour Relations Agency. ALL RIGHTS RESERVED. Website by Elm House Creative.