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ECJ’s judgment in Woolworths case published

ECJ’s judgment in Woolworths case published

The European Court of Justice has today published its judgment in the Woolworths case. This case considered whether an employer assessing its collective consultation obligations in a redundancy exercise should look at the total number of proposed redundancies across the business as a whole, or at individual sites within the business.

As a reminder, the law requires an employer to collectively consult where it proposes 20 or more redundancies within a 90 day period.

The ECJ has confirmed that it is the specific site at which individuals are assigned that will be relevant to this question. So where an employer comprises several sites it will only be required to engage in collective consultation where 20 or more redundancies are proposed at that particular site, not business-wide.

This decision confirms the UK’s traditional approach to collective consultation. The ECJ decision will be acted upon by the Court of Appeal later this year, so watch this space!

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