The recent CJEU judgement on the Collective Redundancies Directive challenges the previous understanding of 'contemplates' in the Directive and emphasizes starting consultation earlier in the scenario planning process.
The big picture: The CJEU's decision provides a broader context for labor relations and the importance of proactive consultation. It highlights the significance of anticipating the impact of management decisions on staffing levels and the need for early engagement with employee representatives.
What's next: Must companies now prepare to initiate consultation procedures when a potential collective redundancies situation arises, even if steps are taken to avoid it? This emphasizes the importance of planning and communication to ensure compliance with the Collective Redundancies Directive.
ADDITIONAL MATERIAL
Download CJEU decision HERE.
Article by Pieter De Koster of Bird & Bird LLP
Tom Hayes
Director of European Union and Global Labor Affairs, HR Policy Association
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