Duty to consult over job losses covers foreign state’s UK base

Facts

The Supreme Court has ruled on one aspect of a long-running case brought against the USA, that resulted from a decision to close the American military base in the UK.

Ms Nolan,a civilian budget assistant at the base, brought a protective award claim because of her employer’s failure to consult civilian staff over the closure plans and the resulting redundancies. The USA would have had the opportunity to claim sovereign immunity at the start of these proceedings, but didn’t do so.

The case involves two issues, only one of which has now been resolved. The first is the question as to whether the Trade Union and Labour Relations Consolidation Act 1992 (TULRCA) applies to public administrative bodies.

The second, much broader question (of importance to trade union collective consultation) is at what stage the obligation to consult collectively under TULRCA is triggered.

Ruling

The Supreme Court ruled that TULRCA does apply to public administrative bodies and does cover the closure of a military base owned by a foreign state. The law only covers redundancies that occur at institutions in England, Wales and Scotland.

Commentary

The next step in the case will be for the Court of Appeal to resolve the broader issue, namely at what stage the duty to consult collectively arises. For more information see page 100.

USA v Nolan [2015] UKSC 63

www.bailii.org/uk/cases/UKSC/2015/63.html