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Last updateTue, 24 Feb 2015 5pm

CONSTRUCTIVE DISMISSAL: How a resignation can trigger collective redundancy rules

05 February 2016  

Christopher Mordue analyses the impact for UK employers of the ECJ’s decision in Rivera

Constructive dismissals can be ‘collective redundancies’, requiring prior consultation with union or employee representatives before the employee resigns. That is the key headline from the latest decision of the European Court of Justice (ECJ) on the scope and effect of the Collective Redundancies Directive in Rivera v Gestora Clubs [2015]. As a result, employers face the risk that constructive dismissals, when aggregated with other qualifying dismissals in the same 90-day period, could trigger an unexpected obligation to collectively consult, potentially leading to a protective award of 90 days’ pay.

Additional Info

  • Case(s) Referenced:

    C-422/14 Rivera v Gestora Clubs Dir SL & anor [2015] ECJ (First Chamber), 11 November