Advocate General Wahl has given an opinion on the meaning of the word "establishment" in Article 1(1)(a)(ii) of Directive 98/59/EC (the Collective Redundancies Directive), for the purpose of calculating whether the threshold number of redundancies which triggers the requirement for employers to consult with employee representatives in collective redundancies has been met.
The Advocate General gave this opinion in response to the referral of a number of questions arising in three cases from across Europe concerning the interpretation of the Collective Redundancies Directive: Lyttle and ors v Bluebird UK Bidco 2 Ltd, referred by the Belfast Industrial Tribunal, Cañas v Nexea Gestión Documental SA, Fondo de Garantía Salarial, referred by the Juzgado de lo Social No 33 de Barcelona (Spain), and USDAW and anor v WW Realiation 1 Ltd (in liquidation) and anor (the "Woolworths case"), referred by the Court of Appeal of England and Wales.
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