The United States of America v Nolan [2014]

Posted in: Case Law
  • Case Reference
    Civ 71
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Redundancy and Reorganisation, Collective and Trade Union Issues
Issues covered:

The Court of Appeal has ruled that domestic legislation in relation to consultation requirements cannot be read as excluding any matters not contained within the Collective Redundancies Directive. In this case, the closure of a US air base caused redundancies and let to a failure to consult claim on behalf of affected employees, including Mrs Nolan. The US specifically waived diplomatic immunity in their arguments before the tribunal and subsequent courts.

This case went to the CJEU on the big question of WHEN does an employer have to consult, known in legal circles as the Fujitsu issue:

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This article is correct at 07/02/2014
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.