Woolworth preliminary ruling points to employer win

In a long-running case brought against Woolworths, among others, by USDAW, the shop workers union, a preliminary ruling has been issued today by the Advocate General of the European Court of Justice indicating that one first review EU law had been followed by the employers, writes Christopher Davies, associate at Gateley LLP

When the retail giants Woolworths and Ethel Austin went into administration in 2008, thousands of employees lost their jobs due to redundancy.

Under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), this triggered a duty for the employer to carry out collective consultation with the recognised union or if none, the employee representatives. The speed of the collapse was so great though this was never done.

USDAW and the other representative bodies brought claims for ‘protective awards’, ie, compensation payments for the failure to consult.

Generally, these claims were not contested and awards were made for up to 90 days for redundant employees.

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