Economic Dismissals in the United Kingdom: The Judiciary and its Search for Compliance with EU Law

[First paragraph] The obligation to inform and consult employee representatives is at the heart of the Collective Redundancies Directive1. It is a significant protection for employees as they are given the right to participate in decisions that may affect their livelihood via a collective voice. Before the adoption of this Directive, the UK legislature had not imposed any such obligation to dialogue with the workforce prior to economic dismissals. Judges had therefore to interpret the transposing instrument2 in a national vacuum as there was no statutory precedent of involving the workforce in economic or social managerial decisions3. Further, they had to ensure that such interpretation was compliant with EU law.