Case report round-up: Court of Appeal seeks guidance from ECJ on collective consultation

XpertHR's latest case reports cover:

• Collective redundancy consultation: ECJ clarification sought on consultation trigger In United States of America v Nolan [2011] IRLR 40 CA, the Court of Appeal decided that the case could not be resolved without further guidance from the ECJ on the stage at which an employer’s duty to consult over collective redundancies is triggered. (Employment Review)
• Employment status: Implication of employment contract between worker and end user not necessary In Tilson v Alstom Transport [2011] IRLR 169 CA, the Court of Appeal held that there was no basis for the employment tribunal to imply a contract of employment between an agency worker and the end user. The fact that the claimant had rejected offers of just such a permanent contract on more than one occasion was a powerful factor pointing away from an employment relationship. (Employment Review)

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