Union of Shop, Distributive and Allied Workers (USAdaw) and another v WW Realisation1 Ltd (in liquidation) and others

Redundancy – Employer's duty to consult appropriate trade union. The Court of Justice of the European Union gave a preliminary ruling, deciding that the term 'establishment' in art 1(1)(a)(ii) of Council Directive (EC) 98/59 (on the approximation of the laws of the member states relating to collective redundancies) should be interpreted in the same way as the term in art (1)(a)(i) of that directive. Further, art 1(1)(a)(ii) of the Directive should be interpreted as not precluding national legislation that laid down an obligation to inform and consult workers in the event of the dismissal, within a period of 90 days, of at least 20 workers from a particular establishment of an undertaking, and not where the aggregate number of dismissals across all of the establishments or across some of the establishments of an undertaking over the same period reached or exceeded the threshold of 20 workers.

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