Great Britain: end of the consultation on the transposition of the new EWC directive

Scope. The consultation document notes that the 1999 Regulations will continue to apply but with amendments. Besides, it excludes some agreements from the scope of the new directive: pre-existing agreements that were already excluded from TICE 1999 Regulations, namely those enforced just before September 23, 1996 and those enforced just before December 16, 1999 (deadline of the directive applying to the UK and Ireland and the 1994 EWC directive); agreements negotiated as part of the TICE 1999 and revised between June 5, 2009 and June 4, 2011; and agreements signed between June 5, 2009 and June 4, 2011. These agreements will remain outside the scope of the future TICE 2010 Regulations, unless the adjustment clause of article 13 of the 2009 directive comes into play.
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namely those enforced just before September 23, 1996 and those enforced just before December 16, 1999 (deadline of the directive applying to the UK and Ireland and the 1994 EWC directive); agreements negotiated as part of the TICE 1999 and revised between June 5, 2009 and June 4, 2011; and agreements signed between June 5, 2009 and June 4, 2011. These agreements will remain outside the scope of the future TICE 2010 Regulations, unless the adjustment clause of article 13 of the 2009 directive comes into play.

Substantial change. This clause allows, in case of “substantial changes” to the company’s structure, adjusting the composition of the EWC to these new realities. Some recent agreements introduced the adjustment clause. For those who haven’t, or where more than one agreement contains provisions going against that clause, the EWC agreement has to be renegotiated.

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