Consequences of a ‘hard Brexit’ for EWCs

In her speech at the Conservative Party conference the UK prime minister, Theresa May, seemed to clearly indicate that the UK was heading for a “hard Brexit. This would mean that EU law no longer applied in the UK, including labour law, after Brexit.
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What would a “hard Brexit” means for European Works Councils? (it is always possible that a “hard Brexit” will be avoided. But, for the purposes of this article we assume it will happen). Having talked with a number of EWC experts, Plant Labour has concluded that the position appears to be this.

With “hard Brexit”:

  1. EWCs could no longer be legally “housed” in the UK. It will be necessary to switch EWCs to another jurisdiction.
  2. UK employees would no longer be legally entitled to be represented on
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