European works councils
European works councils

The following Employment guidance 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
  • Linking information and consultation with 'national employee representation bodies'
  • more

This Practice Note examines the Transnational Information and Consultation of Employees Regulations 1999 (TICER 1999) which implement the recast European Works Council and information and consultation procedure Directive 2009/38/EC.

Brexit impact

This Practice Note contains information on subjects impacted by the UK’s withdrawal from the EU. For preliminary reading on the impact of Brexit on this subject area, see Practice Note: Brexit—implications for employment law.

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the transitional arrangements provided in Part 4 of the October 2019 Withdrawal Agreement, the UK has entered an implementation period. During this period, the UK continues to be treated by the EU as a Member State for many purposes. While it will not participate in the political institutions and governance structures of the EU, the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union, in accordance with the October 2019 Withdrawal Agreement.

The repeal of the European Communities Act 1972, effective on exit day, is subject to specific savings provisions to allow for the operation of the implementation period in UK domestic law. Key provisions of the European Union (Withdrawal) Act 2018