United States of America v Nolan - in a collective redundancy situation, when exactly does the consultation obligation arise?

The Court of Appeal refers the question to the CJEC of whether, in a collective redundancy situation, the consultation obligation arises (i) when the employer is proposing, but has not yet made, a strategic business or operational decision that will foreseeably or inevitably lead to collective redundancies; or (ii) only when that decision has actually been made and he is then proposing consequential redundancies?

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