As a result of Brexit, Addeco’s Irish subsidiary replaced Addeco UK as this non-European group’s corporate management representative agent. Addeco management announced this decision and it was effected by using a provision that had been added to the agreement in anticipation of Brexit. The provision explicitly provides that ‘If and when, Directives 94/45/EC and 2009/38/EC as well as subsequent Directives, and/or the national implementation thereof in the United Kingdom, are no longer effective within the United Kingdom, the Adecco Group shall appoint a Representative Agent’ established in another EU member state to represent it in line with a simplified procedure whereby ‘Management may ask the opinion of the employee representatives within the AEWC on the Management proposal and such process will be finalized at the earliest convenience and ultimately within a period of two months after the Management proposal.’
Great Britain: a new CAC decision on European Works Councils and the transfer of a corporate management’s representative agent to Ireland post-Brexit
On 16 February, the CAC* (Central Arbitration Committee, is the first instance that deals with disputes over collective rights) handed down a new decision (here) on a case concerning a company (non-European) that transferred its corporate management’s representative agent to Ireland as a result of Brexit (for more on an earlier CAC EWC-related decision on 18 January 2021, c.f. article No.12318). In this case, the agreement governing this EWC’s operations contained a clause anticipating this transfer situation, and the CAC panel determined its ruling from this text.
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