Source: All England Reporter
Publisher Citation: [2014] All ER (D) 149 (Jan)
Court: Court of Appeal, Civil Division

Maurice Kay VP, Briggs and Macur LJJ (judgment delivered extempore)

Representation Dinah Rose QC and Iain Steel (instructed by Slater & Gordon (UK) LLP) for the employees.
  Tim Ward QC and David Barr (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 22 January 2014


Redundancy - Employer's duty to consult appropriate trade union - Compatibility of domestic legislation with European Directive - Payment of protective awards on employer going into insolvent administration - Employer retailers going into insolvent administration - Employees seeking protective awards for failure properly to consult on collective redundancies - Employees at stores with fewer than 20 employees not receiving awards - Employment Appeal Tribunal giving true construction of domestic legislation provision - Tribunal ordering awards - Secretary of State as underwriter of awards appealing - Whether reference to Court of Justice of the European Union to be made regarding compatibility of domestic legislation with relevant Directive - Council Directive (EC) 98/59, art 1(a)(ii) - .

The Case

Redundancy Employer's duty to consult appropriate trade union. The Court of Appeal, Civil Division, in hearing an appeal regarding claims for protective awards following collective redundancies, ordered a reference to the Court of Justice of the European Union in respect of preliminary issues that had arisen regarding the compatibility of s188 of the with Council Directive (EC) 98-59 (on the approximation of the laws of the member states relating to collective redundancies).

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.