It has been confirmed that the Government is seeking leave to appeal the Woolworths decision that the obligation to inform and consult for collective redundancies applies whenever an employer proposes 20 or more redundancies in aggregate, even if this is spread across a number of separate workplaces or business units (see here for more details). The application will initially be considered by McMullen J who gave the original judgment in the EAT and, if he rejects it, the Government will be entitled to petition the Court of Appeal.

BIS have commented that ” in reaching its decision we think the EAT got the law wrong, which will have wide and unwelcome implications”.