Collective redundancies in groups of companies (the Coca-Cola Iberian Partners case, SAN 12-6-14, Proc. 79/2014)

Approximately one third of collective redundancies that end up in court take place within groups of companies. In these cases, doubts arise with respect to the proper makeup of the ad hoc joint consultative committee and the information to be provided during the consultation period; doubts which the courts resolve as they are brought up.The latest illustration of the above is the judgment handed down by the Employment Division of the Audiencia Nacional (National High Court) in the Coca-Cola Iberian Partners case, which contains a thorough analysis of the legal construct of a group of companies and takes a new stand that nuances the Court’s heretofore position on this issue…