Collective consultation – an update by Claire McCann


1. 2010 proved to be an interesting year for employment lawyers advising on the application of the collective redundancy procedures under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). The EAT, the Court of Appeal and, indeed, the ECJ have all considered issues arising in connection with collective consultation, both domestically and under the Collective Redundancies Directive (No. 98/59) (the “Directive). And 2011, thus far, has also seen tribunals and appellate courts grappling with the meaning and effect of the collective consultation obligations in UK and EU law.

2. This paper, therefore, focuses on some of the recent developments in the case law about collective consultation. And it refers to aspects of the collective consultation framework, highlighting certain of the requirements which have triggered debate as to both scope and interpretation.

Download the full article here: norton-rose-seminar—collective-consultation-june-2011.pdf