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, Collective and Trade Union Issues
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:
"Does the employer’s obligation to consult about collective redundancies, pursuant to Directive 98/59,
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.