easyJet PLC v easyJet European Works Council

easyJet PLC v easyJet European Works Council

The Central Arbitration Committee has jurisdiction under amended TICER to hear complaints against UK central management, as Regulation 4 applies to both actual and deemed UK central management; the employer's restrictive interpretation is contrary to the natural meaning, context, and parliamentary intent.

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
04 November 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
European Works Councils, Jurisdiction, Post Brexit Regulations
Employment Law Statutory Interpretation European Works Councils Jurisdiction Post Brexit Regulations

Source-derived case record

Summary, issues, holding and outcome

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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

Appeal / Judgment

Legal Issues

  1. 1 Whether the Central Arbitration Committee had jurisdiction under amended TICER for complaints against UK central management
  2. 2 Interpretation of 'situated in the United Kingdom' in Regulation 4 and Regulation 5 of amended TICER

Ratio Decidendi

The Central Arbitration Committee has jurisdiction under amended TICER to hear complaints against UK central management, as Regulation 4 applies to both actual and deemed UK central management; the employer's restrictive interpretation is contrary to the natural meaning, context, and parliamentary intent.

Court Disposition

Appeal dismissed

Orders

  • The Central Arbitration Committee's jurisdiction is affirmed.
  • No new European Works Councils are to be established post-Brexit, but existing ones remain operational.