Should a business need to make a number of redundancies they may not want to be too picky about when they need to start collective consultations.
The case of Nolan v USA - yes that's right, Nolan has taken the United States of America to court - is rattling around the European Court of Justice and the Court of Appeal. The case seems to hinge around when collective consultation should begin.
Considering that the case may not be resolved before the end of 2011, employers may want to consider being cautious and start any redundancy consultations as soon as possible.
Those who gamble on a result that means consultation can start later into the redundancy process could find themselves on a very expensive and sticky wicket should the decision go against them.
This was first published in February 2011