Decision: The long awaited Supreme Court decision in the USA v Nolan case has now arrived. It confirms that TULRCA can apply to the actions of a foreign state in connection with their UK undertakings. The US Government had argued that it was not bound by TULRCA as TULRCA was the domestic law implementing a European Directive which specifically excludes those employed by public administrative bodies or establishments governed by public law from its application. The Supreme Court did not agree and said that as the legislation only covered redundancies at the institutions in England, Wales and Scotland, it could not be argued that the UK was seeking to legislate extra territorially.

The case has now been remitted back to the Court of Appeal who will decide when the duty to consult arises Watch this space.