News and Events

Update on USDAW v Woolworths - meaning of establishments

  • Posted

The Employment Appeal Tribunal has published its decision giving the Secretary of State leave to appeal in USDAW v Woolworths, on the definition of "establishment" for the purposes of collective redundancy consultation.

As noted in an earlier bulletin, the Secretary of State had chosen not to appear at the Employment Appeal Tribunal hearing of the case, resulting in what was described as "wholly unique" circumstances in which "a party has sought to enter into the Court of Appeal for the first time whilst declining expressly the invitation of the court below to attend".

In view of the principles involved, HHJ McMullen QC has allowed the Secretary of State permission to appeal, but only on condition that the Secretary of State would not seek costs against the Claimants in the Court of Appeal, and would pay the reasonable costs of the Claimants in responding to the appeal in the Court of Appeal.