Uncertainty remains over the trigger point for collective redundancy consultation where a strategic business decision foreseeably or inevitably leads to redundancies.

It had been hoped that the ECJ would provide some much needed clarity on this issue following the Advocate-General’s opinion in USA v Nolan.  Unfortunately the ECJ concluded that, as civilian staff at a military base are excluded from the scope of the EU Directive (though not the UK law), it had no jurisdiction to decide this particular case.  The case will now go back to the Court of Appeal. (USA v Nolan, ECJ)