ECJ Decision on the Woolworth’s case (Collective Consultation)

The ECJ has just handed down it’s decision in the Woolworth’s case and has held that “establishment” for collective consultation purposes refers to an individual workplace and not to the employer as a whole.

Therefore Woolworths were right to count each store as a separate establishment and did not need to engage in collective consultation with staff who worked in a store with a headcount of less than 20 employees.

This decision will no doubt cause sighs of relief from employers everywhere!

The ECJ has referred the case back to the Court of Appeal  who should then, as a matter of formality overturn the EAT’s decision.