Friday 23 June 2023
By Appellant’s Notice filed on 23/12/22, EasyJet PLC (EJ) appeals against the order made by the EAT
dismissing EJ’s appeal .
The case concerns the meaning of amendments made by Parliament to the Transnational Information and Consultation of Employees Regulations 1999 (TICER) as a consequence of UK’s leaving the EU and EEA.
TICER establish framework by which UK-based community scale businesses had to create and operate a European Works Council (EWC).
EJ submit that the TICER as amended by EU Exit Regs (amended TICER) had the effect that the provisions that had applied most of TICER to community-scale businesses with their central management in the UK (such as EJ) no longer have effect. So the obligation for EJ to operate a UK-based EWC has fallen away.
However the Central Arbitration Committee and the EAT disagree with the above interpretation of amended TICER, but for different reasons.
The CAC and EAT held that EJ must continue to operate a UK-based EWC in addition to the German-based EJ EWC.