The United States of America (Appellant) v Nolan (Respondent)

The United States of America, an army base in the United Kingdom, dismissed the respondent, Mrs Nolan, on the basis of redundancy. She brought Employment Tribunal proceedings on the basis that the US Army had failed to consult with employee representatives as required by the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA). The United States of America appealed to the Supreme Court on the basis that the Employment Tribunal had jurisdiction to hear the case, TULCRA should not apply to foreign states' jure imperii activity and the 1995 Regulations were ultra vires section 2(2) of the European Communities Act 1972. The Supreme Court dismissed the appeal. In doing so, it found that TULCRA applied to the closure of a foreign state's military base in the United Kingdom, as the United Kingdom was legislating in accordance with international and domestic law. Furthermore, TULCRA did not conflict with the principles of international law, including non-discrimination. Finally, the 1995 Regulations were within the power conferred by the 1972 Act, as the regulations extended a unified domestic regime.