THE LAW ON CONSULTATION IN MID-LIFE CRISIS: IS IT STILL FIT FOR PURPOSE IN A POST-PANDEMIC LABOUR LAW IN THE 21ST CENTURY?

Professor Alan Bogg, Professor of Labour Law, Bristol University and David Reade KC, Littleton Chambers

The law on consultation in relation to collective redundancies and transfers of undertakings remains based in the 1974-76 Social Action Programme of the EEC. These measures were directed at setting minimum standards at the European level while respecting the entrepreneurial freedom of companies in their internal business decision-making. While there has been significant jurisprudential development since the mid-1970s, the basic legal framework has remained unchanged across nearly 50 years. In the case of redundancy consultation it is built on the, possibly, shaky foundations of earlier domestic law. Is this legal framework still fit for purpose in 2021? Alan and David will reflect upon the current law on consultation examining: (i) the interrelationship between furlough and redundancy consultation; (ii) the law on consultation and ‘fire and rehire’; (iii) the future of the ‘special circumstances’ defence; (iv) remedies. The duo will round up by reflecting on the fundamental issue of legal reform: do we need to rethink the purposes of consultation 50 years on?

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