easyJet plc v easyJet European Works Council

Subject Matter

INDUSTRIAL RELATIONS — Consultation and information — European Works Council — Employer’s central management situated in UK — Complaint by works council of failure to consult over redundancies — Whether provisions requiring consultation applying to employers with central management in UK after UK’s exit from EU — Whether jurisdiction to hear complaint — Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323) (as amended by Employment Rights (Amendment) (EU Exit) Regulations 2019 (SI 2019/535)), regs 4(1), 5

[2022] EAT 162; [2023] ICR 316; [2023] IRLR 147, EAT

INDUSTRIAL RELATIONS — Consultation and information — European Works Council — Employer operating across Europe with central management in UK — Complaint by European Works Council to Central Arbitration Committee over failure to consult on redundancies — Whether European Works Council regulations applying to employers with central management in UK after UK’s exit from EU — Whether committee having jurisdiction to hear complaint — Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323) (as amended by Employment Rights (Amendment) (EU Exit) Regulations 2019 (SI 2019/535)), regs 4, 5

[2023] EWCA Civ 756; [2023] ICR 1394; [2023] IRLR 782; [2023] WLR(D) 288, CA

Appellate History