In USA -v- Nolan the ECJ had been asked to clarify the appropriate trigger for commencement of consultation on collective redundancies in the context of the closure of a US military base in the UK. Somewhat frustratingly, the ECJ has declined to rule on the point, on the basis that it had no jurisdiction to do so.
The ECJ found that as the employees were employed by the US government, they fell within the exclusion in the EU Collective Redundancies Directive in respect of workers employed by "public administrative bodies or establishments governed by public law". There is no such exclusion in UK legislation so it will now be for the UK Court of Appeal to decide whether the US government should have consulted the personnel at the base at an earlier stage, and in particular whether this should have included consultation on its operational decision to close the base.
Please click HERE for the ECJ's judgment.