Regular readers will be aware of this long-running case about when the requirement to consult with employee representatives starts - at the time redundancies are proposed or at the point when a decision is being made to effect redundancies. In 2006 the United States of America closed a watercraft repair centre based in Hampshire. Mrs Nolan was employed at the Base by the appellant and was dismissed for redundancy the day before it closed. Mrs Nolan complained that the appellant had failed to consult with any employee representative when proposing to dismiss her. 

Mrs Nolan's complaint was that the appellant as her employer, when proposing to dismiss her and other employees, had failed to consult with any employee representative