When does the duty to consult collectively under Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) arise?

Awaited decision: The USA v Nolan case has been long running but the key question employers are eagerly awaiting still remains unanswered i.e. when does the duty to consult collectively arise? The case has been remitted back to the Court of Appeal which will decide this question. The Court of Appeal is expected to rule on whether the obligation to consult collectively arises when an employer proposes to make a strategic business or operational decision that will foreseeably or inevitably lead to collective redundancies; or whether the obligation only arises once the employer has actually made that strategic decision and is proposing redundancies. Watch this space.

USA v Nolan