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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.

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