EasyJet Plc v EasyJet European Works Council

EasyJet Plc v EasyJet European Works Council

The Court held that, on proper construction of the amended TICER regulations and in light of the Explanatory Memorandum, European Works Councils established prior to 31 December 2020 continue to exist and operate under UK law, and the Central Arbitration Committee retains jurisdiction over complaints by such EWCs....

Source-derived case information.

Parties
Appellant: EasyJet PLC; Respondent: EasyJet European Works Council; Intervenor: Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
European Works Councils, Post Brexit Legislation, Jurisdiction of Central Arbitration Committee, Transnational Employee Consultation
Employment Law Statutory Interpretation European Works Councils Post Brexit Legislation Jurisdiction of Central Arbitration Committee Transnational Employee Consultation

Source-derived case record

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Parties

EasyJet PLC

Appellant

EasyJet European Works Council

Respondent

Secretary of State for Business, Energy and Industrial Strategy

Intervenor

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the EasyJet European Works Council continued to exist after the UK's withdrawal from the EU under the amended TICER regulations
  2. 2 Whether the Central Arbitration Committee retained jurisdiction over complaints by the EWC post-Brexit

Ratio Decidendi

The Court held that, on proper construction of the amended TICER regulations and in light of the Explanatory Memorandum, European Works Councils established prior to 31 December 2020 continue to exist and operate under UK law, and the Central Arbitration Committee retains jurisdiction over complaints by such EWCs. The amendments did not unequivocally remove existing EWCs from the scope of TICER; only the establishment of new EWCs was barred post-exit day.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of the Employment Appeal Tribunal is upheld.