In exceptional circumstances affecting employees’ interests to a considerable extent, where paragraph 8 of Schedule 1 to the Transnational Information and Consultation of Employees Regulations 1999 as amended applies, provided that the employer has given a European Works Council the necessary information on its proposals and engaged in consultation it is not required to wait for an opinion from the EWC before taking and implementing its decision. Nor does the recast Transnational Information and Consultation Directive 2009/39/EC warrant reading words into TICER Regulation 19E(2) so as to require the employer to give the EWC a reasonable opportunity to provide an opinion to the national representation bodies on any proposal. The Central Arbitration Committee did not err in not so finding when determining a complaint brought by the EWC under TICER Regulation 21A(1)(d).
Judges:
Slade DBE J
Citations:
[2019] UKEAT 0194 – 18 – 3107
Links:
Jurisdiction:
England and Wales
Employment
Updated: 26 August 2022; Ref: scu.642745