ECJ Hands Down Judgement In Woolworths Case

In 2013 the EAT decided in a case involving numerous redundancies from various Woolworths stores, that an employer had to count all proposed dismissals across all local units or "establishments" in assessing whether or not the collective redundancy consultation requirements applied. This decision came as a surprise to many employers, since it was a departure from previous case law and significantly increased time and costs for employers involved in redundancy processes.

Woolworths subsequently appealed the decision to the Court of Appeal, which then referred certain questions to the European Court of Justice in January 2014.  In February of this year, the Advocate General issued his opinion in the case.