Collective Redundancies and the Effects of EU Law

Assignment Brief

ASSESSMENT QUESTION

Answer any TWO out of the three questions below:

Question 1

Cambridge Clearplus Energy Ltd (CCE) is the energy supplier for the Cambridgeshire, Suffolk and Norfolk area. Following an internal review of its activities, the board of CCE decided to undertake a programme of job reductions which would lead to several redundancies. (Fictitious) Directive 2017/84 (‘the Directive’) relates to the protection of workers dismissed by collective redundancy. Article 3 of the Directive applies to redundancies and requires employers to consult the workers’ representatives with a view to reaching an agreement before going ahead with redundancies. The UK has implemented the (fictitious) Trade Union Act 2018, introduced to transpose Directive 2017/84, which provides that the protection is afforded only to employees whose interests are represented by an independent trade union recognised by the employer. Unitrade is an independent trade union which was formed following the merger of other two trade unions and represents workers in the energy sector. CCE does not recognise Unitrade as a trade union. Consequently, the CCE created a staff council which had consulted about the implementation of the proposed job losses. Unitrade contended that provisions of Directive 2017/84, relating to collective redundancies, were directly enforceable against CCE, stating that CCE were required to consult with Unitrade under Article 3 of the Directive.

Discuss all the three possible effects of EU law in the national system by advising Unitrade on the most likely outcome of this case.

Question 2

Mary, a British national, is 33 years old and wishes to settle permanently in Italy. She has been living in Rome for the past seven months. Shortly after her arrival in Rome, Mary struggled in finding a job and after 2 months, she started to work from her home as a hairdresser while looking for a more stable job. Eventually Mary secured a permanent employment as a kitchen assistant in a restaurant. She worked there for 25 hours a week but she quickly began to feel very despondent as her income was below the minimum wage. Soon after, Mary became involved in criminal activities. She has just been convicted of robbery with violence and the Italian court is considering ordering her expulsion from Italy on public policy grounds. Marco is an Italian national who founded and manages a limited company that for a fee helps EU nationals to find a job in Rome. Marco put Mary in contact with the restaurant where she worked as kitchen assistant. Following her criminal conviction, Marco is worried of the possible negative consequences for his business. He has, therefore, decided to move to the UK and to relocate his business there for a while. He is planning to rent an office in Cambridge. The UK`s decision to exit the EU has created great uncertainty for many people across the UK and Europe, including for Mary and Marco. Advise Mary and Marco on to the application of EU law on the free movement of natural and legal persons to each aspect of this situation.

Question 3

Sweden has become worried by the presence of certain pesticide residues in plants, which some scientific studies have indicated may pose a health risk. In particular Swedish authorities are concerned about a specific pesticide marketed under the name ‘Zappicide’. Zappicide is legally in use in other EU member states and there are no EU rules placing restrictions on its use. Sweden has passed national legislation which seeks to limit its use. Amongst its provisions are: A limit on the concentration of Zappicide in any fruit, vegetables or cereals sold in Sweden. A requirement that all cereals, vegetables and fruits imported into the country should have a certificate stating whether Zappicide has been used in their production. A system of compulsory inspections has been put in place to check whether imported produce exceeds the levels set down by Swedish law. A small charge is made for this inspection. A ban on all advertising or sales promotion of any produce which contains any level of Zappicide residue (even if this is within the permitted levels). Roberto is an Italian producer of new varieties of tomato, which he was hoping to market in Sweden. He is concerned by the new legislation in Sweden as he has found that Zappicide is the most effective pesticide for his crops and he thinks his produce may exceed the limits imposed by Sweden. Even if he is able to reduce the levels in his crops, the inspections and certificates are going to inconvenience him, and the charge for inspections will affect his profits. Furthermore, because he is producing new varieties, he was relying on an advertising and sales promotion campaign to help him break into the market in Sweden. Roberto would like to know whether it would be possible to challenge the Swedish provisions on the basis of EU law.