#62024CJ0907EU Court Clarifies When Workplace Transfers Count Toward Collective Redundancy Rules
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
Terminations after workers refuse a workplace transfer may count toward EU collective redundancy thresholds when the employer’s decision is not linked to the individual worker’s conduct or performance. The ruling matters for employers that move operations, reorganize sites, or require staff to relocate, because those exits may trigger worker information and consultation duties. Businesses should not assume that a resignation or dismissal following a refused transfer sits outside collective redundancy rules. HR and compliance teams need to assess whether the transfer decision was employer-driven and whether enough employees are affected to require formal consultation with worker representatives.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Treats some terminations after refused workplace transfers as potentially relevant for EU collective redundancy thresholds
- Focuses on whether the termination is driven by the employer and not by the worker’s individual conduct or performance
- Reinforces the need to inform and consult worker representatives when enough affected exits are linked to an employer-led reorganization
Obligations
What this law requires
For purposes of Directive 98/59/EC, terminations resulting from workers refusing an employer-decided transfer of workplace may be treated as 'redundancies' where the transfer decision is not linked to the individual worker's conduct or performance.
Employers should count employment terminations following refusal of an employer-driven workplace transfer when assessing whether collective redundancy thresholds under Directive 98/59/EC are met.
Where the relevant collective redundancy thresholds are met, Directive 98/59/EC requires employers to carry out information and consultation procedures with workers' representatives before implementing the collective redundancies.