Lean v. Manpower Group (Central Arbitration Committee) [2018] UKEAT 0096_18_1510 (15 October 2018)

Lean v. Manpower Group (Central Arbitration Committee) [2018] UKEAT 0096_18_1510 (15 October 2018)

Regulation 18(1)(c) does not automatically terminate the SNB or trigger the Subsidiary Requirements solely upon expiry of three years without agreement; the SNB continues to exist unless it is unable to reach agreement or takes a decision to terminate negotiations. Only the SNB can be a 'relevant applicant' under Regulation 20 while it exists. Mr Lean was not a 'relevant applicant' and his appeal is dismissed.

Citation
[2018] UKEAT 0096_18_1510
Parties
Appellant: Mr Gordon Lean; Respondent: Manpower
Jurisdiction
United Kingdom
Judgment Date
15 October 2018
Procedural Posture
Employment Appeal / Appeal From Central Arbitration Committee Decision
Outcome
Appeal dismissed
Legal Topics
European Works Council, Transnational Information and Consultation of Employees Regulations 1999, Special Negotiating Body, Subsidiary Requirements, Interpretation of Statutory Time Limits
Employment Law European Union Law European Works Council Transnational Information and Consultation of Employees Regulations 1999 Special Negotiating Body Subsidiary Requirements Interpretation of Statutory Time Limits

Case Brief

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Parties

Mr Gordon Lean

Appellant

Manpower

Respondent

Procedural Posture

Employment Appeal / Appeal From Central Arbitration Committee Decision

Legal Issues

  1. 1 Whether the Special Negotiating Body (SNB) ceases to exist after three years if no agreement is reached under Regulation 18(1)(c) of TICE
  2. 2 Whether an employee can be a 'relevant applicant' under Regulation 20 if the SNB continues to exist
  3. 3 Proper construction of 'failed to conclude an agreement' in Regulation 18(1)(c)

Ratio Decidendi

Regulation 18(1)(c) does not automatically terminate the SNB or trigger the Subsidiary Requirements solely upon expiry of three years without agreement; the SNB continues to exist unless it is unable to reach agreement or takes a decision to terminate negotiations. Only the SNB can be a 'relevant applicant' under Regulation 20 while it exists. Mr Lean was not a 'relevant applicant' and his appeal is dismissed.

Court Disposition

Appeal dismissed