Update: post-Brexit European Works Councils

In the last section of Chapter 7, Workers Can Win covers European Works Councils (EWCs). I explained that

The UK’s exit from the EU has caused confusion about the rights of workers in the UK in relation to EWCs. On the one hand, the legislation remains on the UK statute book. However, the scope of the EU legislation is countries in the European Economic Area (EEA), which comprises the EU plus Iceland, Liechtenstein and Norway. In other words, the EU legislation says UK workers are not included, and the UK legislation says we are.


On 4 November 2022 the Employment Appeal Tribunal ruled in case involving easyJet PLC, easyJet European Works Council and the Secretary of State for Business Energy and Industrial Strategy. The judge upheld a decision by the Central Arbitration Committee in June 2021 that UK companies remain covered by the UK’s EWC law: the Transnational Information and Consultation of Employees Regulations 1999 (TICER), as amended in by the Employment Rights (Amendment) (EU Exit) Regulations 2019 (amended TICER). More specifically, the EWC Academy explain that the amended TICER:

applies to all companies with their corporate headquarters on UK soil that were in negotiations to establish an EWC or already had an EWC in place on 31 December 2020. As of 1 January 2021, European Works Councils can no longer be newly established on the basis of UK law. This legal opinion was explicitly confirmed during the proceedings by the UK Department for Business, Energy & Industrial Strategy, which was involved as an intervenor in court. The central management of easyJet now wants to challenge the ruling before the Court of Appeal for England and Wales and establish the EWC in Berlin under German law.

EWC news 4/2022 https://www.ewc-news.com/en042022.htm