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The Court of Justice of the European Union was asked a prejudicial question about the time at which the obligation of prior consultation arises for employers before proceeding with a collective redundancy. It is the second time the Court has to rule on this subject. The first time, it ruled that, in a group of undertakings, the obligation to consult arises when "strategic decisions or changes in the business of the undertaking [which] will make collective redundancies of employees necessary (...) are contemplated." To the request for clarification by a British court which, in substance, was surprised that the EU case law on the obligation of consultation prior to collective redundancies was more restrictive than in the UK, Advocate General Paolo Mengozzi is asking the Court to confirm his previous ruling in the conclusions rendered yesterday, March 22. (Ref. 120189)
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120189
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