Special negotiating body does not automatically cease to exist after three years (Lean v Manpower Group)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• The decision of the Central Arbitration Committee
• What did the EAT decide?
• Case details

Article summary

Employment analysis: A special negotiating body (SNB) negotiating the formation of a European Works Council (EWC) does not automatically cease to exist in the event that no agreement has been reached between the SNB and management after three years. The test for an applicant, under regulation 20 of the Transnational Information and Consultation of Employees Regulations 1999, concerning a failure to conclude an EWC is whether the SNB exists as a matter of fact, according to the EAT.