European works councils

The following Employment practice note provides comprehensive and up to date legal information covering:

  • European works councils
  • Brexit impact
  • Key principles
  • Application
  • Requests to negotiate
  • Special negotiating body
  • Negotiation procedure
  • Establishing a European Works Council or other procedure
  • Information and consultation requirements
  • Provision of information
  • More...

European works councils

This Practice Note examines the Transnational Information and Consultation of Employees Regulations 1999 (TICER 1999) which implemented the recast European Works Council and information and consultation procedure Directive 2009/38/EC. TICER 1999 enabled employees to ask their employer to set up a European Works Council (EWC) to provide information and consult with employees on issues affecting employees in two or more EEA countries.

Brexit impact

Since IP completion day, those employed in the UK are no longer be able to ask their employer to set up an EWC. However, any request to set up an EWC submitted before 1 January 2021 will be allowed to complete.

An individual who is currently a representative may be able to be involved with their employer’s EWC from 1 January 2021 if the employer agrees. The government has stated that it will make sure the enforcement framework, rights and protections for employees in UK EWCs are still available as far as possible.

UK businesses with an existing EWC, and trade unions that are involved in EWC agreements, may need to review those agreements from 1 January 2021. The government has stated that it ‘would encourage businesses to continue to allow UK workers to be represented on EWCs on a voluntary basis’.

TICER 1999 became retained EU law on IP completion day (see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law). The Employment Rights (Amendment) (EU Exit) Regulations 2019, SI 2019/535,

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