European Works Councils
[page 128]European Works Councils (EWCs) are for companies with operations in two or more EEA (European Economic Area) countries employing more than 1,000 employees in total (minimum 150 employees in at least two member states). The purpose of an EWC is to provide a forum for informing and consulting employees.
Only people employed in EEA countries can ask their employer to set up an EWC. As a result of Brexit, since 1 January 2021, an employee based in the UK can no longer ask for an EWC to be set up, although they can be involved as a representative. It is up to the employer to decide whether they want to include UK representatives on an EWC. If they do, the UK representative will be entitled to statutory paid time off to carry out the role. Any requests by employees based in the UK to set up EWCs that pre-dated 1 January 2021 must be completed.
The operation of EWCs in post-Brexit UK were considered by the Court of Appeal in easyJet PLC v easyJet European Works Council [2023] EWCA Civ 756, when it confirmed that they continue to exist and that the CAC continues to have jurisdiction to hear complaints.