Tag archives: collective consultation

Is it possible for employers to change the terms of employment contracts in the UK?

At common law, a contract can only be amended in accordance with its terms or with the agreement of all the parties. An employment contract is no different – an employer can only change its terms if the contract allows or if the employee agrees to the changes. It is likely that certain terms will … Continue reading

ECJ decision on Collective Redundancy.

By Amanda Sanders (UK) on May 7, 2015 Posted in Europe, UK

The ECJ has delivered its decision in a case based on the interpretation of collective redundancies and how to determine the term “establishment”. It has held that the UK legislation does correctly implement the EU directive on collective redundancies and therefore that the term “establishment” must be interpreted as referring to the entity to which the … Continue reading

Collective consultation on redundancy – what obligations do employers have in France

By Judicaël Fouquet on February 25, 2015 Posted in Europe, France

General comments Under French employment law, employees’ representatives benefit from a right to be consulted on a very wide range of matters concerning the running of the company. In particular, the works council must be informed and consulted on any matter relating to the organisation, the management and the general running of the company, which … Continue reading

Collective consultation on redundancy – what obligations do employers have in the UK?

By Claire Darbourne (UK) on February 25, 2015 Posted in Europe, UK

When does the duty arise? The UK legislation on group redundancies implements the EU Directive of 1998. Under the Trade Union and Labour Relations (Consolidation) Act 1992, when an employer proposes to dismiss 20 or more employees as redundant within a period of 90 days or less at one establishment, he is under a duty … Continue reading

When is an employer’s obligation to consult collectively on redundancies triggered?

By Claire Darbourne (UK) on February 11, 2015 Posted in Europe, UK

In the UK, under the Trade Union and Labour Relations (Consolidation) Act 1992 (which implements an EU directive), if an employer intends to dismiss 20 or more employees as redundant within a period of 90 days or less at one establishment, the employer will have a duty to collectively consult with employee representatives. The meaning … Continue reading