21 May 2015

Welcome to Employment Edit, our pick of the key employment law developments from the last couple of weeks:

  • Redundancy consultation - The duty to carry out collective consultation has been considered by the Court of Justice of the European Union (ECJ) again in Lyttle v Bluebird (C-182/13), which was referred to the ECJ by the Northern Ireland Industrial Tribunal. The issue in this case was essentially the same as that considered in USDAW (Please see our briefing collective consultation in redundancy situations for further details). Although the ECJ did not specifically refer to its earlier judgment in USDAW, it took the same approach, holding that it is the entity to which the workers made redundant are assigned to carry out their duties that constitutes the 'establishment' for the purposes of the trigger for collective consultation.
  • Trade unions and industrial action – the new Conservative government has announced plans to change the law on industrial action. The proposals include requiring a minimum turnout of 50% of all those entitled to take part in strike ballots and, in the health, transport, fire and education sectors, unions will be required to show 40% of all members eligible to vote support the industrial action. There are also plans to repeal the restrictions which prevent employers using agency workers to cover employees taking strike action.
  • Immigration – the government has announced plans to introduce an Immigration Bill. The Bill will include a new offence of illegal working, which will apply to migrants who have come to Britain illegally as well as those who have overstayed their leave. The Bill will also contain provisions to make it illegal for businesses and employment agencies to recruit solely from abroad without advertising in Britain.

If you would like more information, or specific advice, please contact Roger Bull or get in touch with your usual Burges Salmon contact.

Key contact

Roger Bull

Roger Bull Managing Partner

  • Managing Partner 
  • Employment Disputes
  • Strategic HR Projects

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