| 词条 | The United States of America v Nolan |
| 释义 |
|Litigants= |ArgueDate= 15 & 16 July |ArgueYear= 2015 |DecideDate= 21 October |DecideYear= 2015 |FullName= The United States of America (Appellant) v Nolan (Respondent) |Neutral Citation= [https://www.supremecourt.uk/cases/docs/uksc-2014-0073-judgment.pdf [2015] UKSC 63] |Other Citations= |Prior= [2014] EWCA Civ 71 |Procedural= |Holding= The Trade Union and Labour Relations (Consolidation) Act 1992 applies to employment in a public administrative establishment. The secretary of state did not exceed his powers when making the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 by going further than EU law requires. |Majority= Lord Neuberger, Lady Hale, Lord Mance and Lord Reed |Dissent= Lord Carnwath |Area of Law= Labour law; European Union law |Applied= |Reversed previous case= |Distinguished previous case= |Reversed= |Distinguished= |Followed= |ECtHR= |ECJ= }} The United States of America v Nolan [2015] UKSC 63 was a 2015 judgment of the Supreme Court of the United Kingdom concerning the application of the Trade Union and Labour Relations (Consolidation) Act 1992 to public administrative establishments. FactsMrs Nolan worked at a watercraft repair centre in Hythe, Hampshire operated by the United States Army. In 2006 the base was closed down and Mrs Nolan was dismissed for redundancy on the day before it closed. Mrs Nolan brought a case based on the failure of the United States to consult with an employee representative when proposing to dismiss her. JudgmentEmployment TribunalsBoth the Employment Tribunal and Employment Appeal Tribunal found in favour of Mrs Nolan and granted an order for remuneration for a one-month period. Court of AppealUnder the preliminary ruling procedure the Court of Appeal asked the Court of Justice of the European Union whether the duty to consult with an employee representative arose on a 'proposal' or a 'decision' to close the base. The European Court declined jurisdiction over the issue. Supreme CourtThe United States appealed to the Supreme Court on two key grounds. Firstly that the Trade Union and Labour Relations (Consolidation) Act 1992 should not apply to public administrative establishments and secondly that the Secretary of State had exceeded the powers conferred by section 2 of the European Communities Act 1972 by going further than EU law required. These appeals were dismissed on the basis that just because legislation does not contain a clear exemption does not mean that the courts should read any such exemption into the legislation. On the second ground it was held that because the Trade Union and Labour Relations (Consolidation) Act 1992 had established a unified domestic regime the Secretary of State had not exceeded his powers when making the 1995 regulations. Lord Carnwath dissented on this point and noted the importance of limiting the ministerial power to legislate outside of the normal parliamentary process. SignificanceThe case will now return to the Court of Appeal where it will be decided whether the duty to consult arises when there is a proposal to make a business decision that will lead to redundancies or when that decision has been made. On this point it has been argued that: {{Quote|The former would extend information and consultation rights backwards into commercial decision-making, while the latter might be seen as pointlessly late – how can you consult meaningfully about reducing the number of redundancies where the decision which makes them inevitable has already been taken?[1]}}See also
References1. ^{{cite web |url=http://www.squirepattonboggs.com/insights/publications/2015/10/usa-v-nolan-supreme-court-confirms-that-s188-applies-to-us-base-in-uk |title=USA v Nolan: Supreme Court Confirms That s.188 Applies to US Base in UK |last1=Noblet |first1=Caroline |last2= |first2= |date=October 2015 |website= |publisher=Squire Patton Boggs |access-date=23 December 2015 |quote=}} External links
8 : Supreme Court of the United Kingdom cases|2015 in British law|2015 in case law|United Kingdom labour law|Termination of employment|United Kingdom–United States relations|Hythe, Hampshire|History of the United States Army |
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