The Court of Appeal has ruled that domestic legislation in relation to consultation requirements cannot be read as excluding any matters not contained within the Collective Redundancies Directive. In this case, the closure of a US air base caused redundancies and let to a failure to consult claim on behalf of affected employees, including Mrs Nolan. The US specifically waived diplomatic immunity in their arguments before the tribunal and subsequent courts.

This case went to the CJEU on the big question of WHEN does an employer have to consult, known in legal circles as the Fujitsu issue:

"Does the employer’s obligation to consult about collective redundancies, pursuant to Directive 98/59, arise (i) when the employer is proposing, but has