Overview

The UK Court of Appeal has cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive.

Having considered two opposing views as to when consultation begins, based on recent case law, it has decided that such an important decision must be made by the Court of Justice of the European Union (CJEU), and will be making a reference to the CJEU for clarification.

However, that will mean months of uncertainty until a decision from Europe is forthcoming – as this briefing from Eversheds explains.