EAT Certification Officer – The Information and Consultation of Employees Regulations 2004 implement Council Directive 2002/14/EC which established a general framework for informing and consulting employees in the European Community in domestic law. The Directive requires Member States to provide that requests made by a sufficient proportion of employees that their employer should negotiate an agreement with them about consulting them and providing information must be honoured. It provided Member states with a choice, which provided for different numbers of employees to make a valid request, dependent upon whether they were employed in an ‘establishment’ or an ‘undertaking’. The UK opted for the latter. The appellant employees (who were assigned to work a contract for services at sites in the University of London which had been agreed by their employer, Cofely) challenged a decision by the Central Arbitration Committee that ‘undertaking’ in this context meant a legal entity, and as such the employer of the employees concerned, and argued that they were a sufficient grouping to come within the definition in the Directive and hence the Regulations, and that the CAC panel had erred in its approach in requiring an undertaking to be such.
Langstaff P J
[2015] UKEAT 0058 – 15 – 1906
Bailii
Council Directive 2002/14/EC, The Information and Consultation of Employees Regulations 2004
England and Wales
Employment, European, Information
Updated: 10 November 2021; Ref: scu.549244