Lyttle v Bluebird UK Bidco 2 Limited Bluebird UK Bidco 2 Limited Bluebird UK Bidco 2 Limited Bluebird UK Bidco 2 Limited [2013] NIIT 00555_12IT (07 February 2013)

Lyttle v Bluebird UK Bidco 2 Limited Bluebird UK Bidco 2 Limited Bluebird UK Bidco 2 Limited Bluebird UK Bidco 2 Limited [2013] NIIT 00555_12IT (07 February 2013)

The tribunal determined that the meaning of 'establishment' and the aggregation of redundancies under Article 1.1(a)(ii) of Directive 98/59/EC are genuinely ambiguous and central to the resolution of the claims. Given conflicting judicial and governmental views, and the lack of authoritative CJEU guidance, the tribunal decided to refer specific questions to the CJEU for a preliminary ruling.

Citation
[2013] NIIT 00555_12IT
Parties
Respondent: Bluebird; Claimant: Claimants (four lead claimants, including Mr Kilpatrick)
Jurisdiction
Northern Ireland
Judgment Date
07 February 2013
Procedural Posture
Employment Tribunal / Decision on Reference to Court of Justice of the European Union (cjeu)
Outcome
Reference to the Court of Justice of the European Union for a preliminary ruling.
Legal Topics
Collective Redundancy, Protective Award, Interpretation of 'establishment', Directive 98/59/ec, Redundancy Consultation Obligations
Employment Law European Union Law Collective Redundancy Protective Award Interpretation of 'establishment' Directive 98/59/ec Redundancy Consultation Obligations

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Parties

Bluebird

Respondent

Claimants (four lead claimants, including Mr Kilpatrick)

Claimant

Procedural Posture

Employment Tribunal / Decision on Reference to Court of Justice of the European Union (cjeu)

Legal Issues

  1. 1 Whether 'establishment' in Article 1.1(a)(ii) of Directive 98/59/EC has the same meaning as in Article 1.1(a)(i)
  2. 2 Whether the threshold of 20 redundancies applies per establishment or across all establishments
  3. 3 Whether domestic legislation (Article 216 of the 1996 Order) is compatible with Directive 98/59/EC

Ratio Decidendi

The tribunal determined that the meaning of 'establishment' and the aggregation of redundancies under Article 1.1(a)(ii) of Directive 98/59/EC are genuinely ambiguous and central to the resolution of the claims. Given conflicting judicial and governmental views, and the lack of authoritative CJEU guidance, the tribunal decided to refer specific questions to the CJEU for a preliminary ruling.

Court Disposition

Reference to the Court of Justice of the European Union for a preliminary ruling.

Orders

  • The tribunal will refer three questions regarding the interpretation of 'establishment' and the aggregation of redundancies under Article 1.1(a)(ii) of Directive 98/59/EC to the CJEU.
  • The reference will be made after the expiration of six weeks from the date of the decision.