EWCs: UK Govt wants to scrap EWC law?

UK government is consulting on changes to TUPE and UK laws on EWCs. If enacted, these changes would bring an end to the existence of 'UK EWCs' and require UK companies to nominate a 'representative agent' in an EU Member State.

Background: After Brexit, some activists on UK based EWCs argued that while undertakings had to move their EWCs to an EU jurisdiction, often Ireland, to comply with EU law, UK law also required them to set up “UK EWCs”. Despite the obvious absurdity of such a proposition, the argument found support in the UK courts, such is the way TICER, as amended, was written. 

Why it matters: These proposed changes are important for companies and employees involved in European Works Councils. It would affect the legal rights and procedures for UK members of EWCs, potentially leaving them without the same legal protections and impacting their representation. The consultation allows stakeholders to provide feedback and insights on these proposed changes.

The big picture: If the proposed changes are enacted, UK EWCs would cease to exist and UK companies would need to comply with new requirements, such as nominating a 'representative agent' in an EU Member State. This would have implications for the legal protection and representation of UK members of EWCs, as well as the nomination process for EWC members in the UK.

The bottom line: If the current Conservative government does go ahead and delete Ticer from the statute books, whether a future Labour government would reverse that is unclear as of now. But it does seem unlikely that a Labour government would move to put an absurdity back into law.

ADDITIONAL INFORMATION:

See this analysis piece by David Hopper of Lewis Silkin LLP

UK government proposals for consultation on possible changes to TUPE