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

journal contribution
posted on 2018-05-01, 15:25 authored by Pascale Lorber
[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.

History

Citation

Revue de droit comparé du travail et de la sécurité sociale, 2017, 4, pp. 182-190 (8)

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • AM (Accepted Manuscript)

Published in

Revue de droit comparé du travail et de la sécurité sociale

Publisher

Centre de droit comparé du travail et de la sécurité sociale

Acceptance date

2018-01-22

Copyright date

2017

Publisher version

http://comptrasec.u-bordeaux.fr/revue/english-electronic-edition-4

Notes

The file associated with this record is under embargo while permission to archive is sought from the publisher. The full text may be available through the publisher links provided above.

Language

en

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