• Employers should watch out for a case going to the ECJ on the issue of when collective redundancy consultation must begin. The ECJ has been asked to decide whether consultation is required before an employer proposes to make a strategic business decision that will foreseeably or inevitably lead to redundancies (so that consultation must encompass the reasons for that decision), or whether consultation is only required once the employer has made that decision and is proposing the consequential redundancies (so that consultation only covers the redundancy proposals themselves). Current UK law takes the former (more onerous) approach, at least where there is a business closure. (United States of America v Nolan, CA)
  • A protective award for failure to properly consult over collective redundancies (in this case the non-renewal of fixed-term contracts) may be reduced where a union has not complained about similar breaches in previous years and has thereby lulled the employer into a false sense of security. (Lancaster University v The University and College Union, EAT)