EWCs: UK Supreme Court refuses EWC’s ‘transnational’ appeal

In 2023 the London Court of Appeal decided there must be a “nexus, relationship or link” between matters in different countries for there to be a ‘transnational’ matter falling within an EWC’s remit. The Supreme Court has now refused to hear an appeal against that decision on the basis that it is not arguable that the Court of Appeal’s decision was wrong.

Background: In late 2019 and early 2020, the Adecco Group proposed collective redundancies in Sweden and Germany. The Adecco Group European Works Council complained about the lack of exceptional meetings, but the Central Arbitration Committee (CAC) ruled against them.

Why it matters: The ruling highlights the need for a "nexus, relationship or link" between matters in different countries for transnational issues to fall within the remit of a European Works Council, clarifying the definition of transnational matters.

The big picture: The Employment Appeal Tribunal (EAT) supported the CAC's ruling, stating that remote meetings would suffice for unlikely knock-on effects. However, the Court of Appeal overturned these decisions and revoked the fine against Adecco Group.

The bottom line: Although the Adecco Group European Works Council attempted to appeal to the Supreme Court, permission was denied as the case raised no arguable point of law, bringing the matter to an end.

ADDITIONAL MATERIAL

Supreme Court ruling