The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

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InterpretationE+W+S

This section has no associated Explanatory Memorandum

3.—(1) In these Regulations—

F1...

“Appeal Tribunal” means the Employment Appeal Tribunal;

“CAC” means the Central Arbitration Committee;

“dismissed” and “dismissal”, in relation to an employee, have the same meaning as in Part 10 of the Employment Rights Act 1996 M1;

“employee” means an individual who has entered into or works under a contract of employment and includes, where the employment has ceased, an individual who worked under a contract of employment;

[F2“employee involvement agreement” means—

(a)

an agreement reached before IP completion day between the special negotiating body and the competent organs of the participating companies which governs the arrangements for the involvement of employees within the UK Societas,

(b)

an agreement reached before or after IP completion day between the special negotiating body and the competent organs of the participating companies which governs the arrangements for the involvement of employees within the SE,

(c)

an agreement reached after IP completion day following a special negotiating body having been reconvened under regulation 17 of these Regulations, which governs the arrangements for the involvement of employees within the UK Societas;]

“employees' representatives” means—

(a)

if the employees are of a description in respect of which an independent trade union is recognised by their employer for the purpose of collective bargaining, representatives of the trade union who normally take part as negotiators in the collective bargaining process, and

(b)

any other employees of their employer who are elected or appointed as employee representatives to positions in which they are expected to receive, on behalf of the employees, information—

(i)

which is relevant to the terms and conditions of employment of the employees, or

(ii)

about the activities of the undertaking which may significantly affect the interests of the employees,

but excluding representatives who are expected to receive information relevant only to a specific aspect of the terms and conditions or interests of the employees, such as health and safety or collective redundancies;

[F3“information and consultation representatives” means representatives elected or appointed to act pursuant to information and consultation procedures established in an employee involvement agreement instead of a representative body;]

F4...

[F5“Relevant State” means an EEA State or the United Kingdom;]

“representative body” means the persons elected or appointed under the employee involvement agreement or under the standard rules on employee involvement;

[F6“SE” means a European Public Limited-Liability Company (or Societas Europaea) within the meaning of the EC Regulation, as it has effect in EU law as amended from time to time;]

F7...

[F8“standard rules on employee involvement” means—

(a)

in respect of a UK Societas the rules on employee involvement which apply by virtue of regulation 19, as it had effect immediately before IP completion day,

(b)

in respect of an SE the rules laid down by the EEA State in which it has its registered office;]

F9...

“UK employee” means an employee employed to work in the United Kingdom;

F9...

[F10“UK Societas” means a European Public Limited-Liability Company (or Societas Europaea) within the meaning of the EC Regulation, as it had effect immediately before IP completion day, which on IP completion day converted to a United Kingdom Societas within the meaning of the EC Regulation.]

(2) In these Regulations the following expressions have the meaning given by Article 2 of the EC Directive [F11, subject to the stated modifications]—

“participating companies”,
“subsidiary”,
“special negotiating body”,
“involvement of employees”,
[F12“information”, read as if—
(a)
for “Member State” there were substituted “Relevant State”,
(b)
after each occurrence of “SE” there were inserted “or the UK Societas”]
“consultation [F13, read as if after each occurrence of “SE” there were inserted “or the UK Societas”],

and references to a “concerned subsidiary” or a “concerned establishment” are to be construed in accordance with the definition of “concerned subsidiary or establishment” in the EC Directive.

[F14(2A) Where an employee involvement agreement was reached before IP completion day for a UK Societas, or where the standard rules on employee involvement apply in respect of that UK Societas, on and after IP completion day any reference to an “EEA State” in that agreement or those rules, insofar as they apply to that UK Societas, must, where appropriate, be read as if they were to “an EEA State and the United Kingdom".]

(3) Except as otherwise provided, words and expressions used in the EC Regulation or the EC Directive have the same meaning in these Regulations as they have in that Regulation or Directive.

F15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 3(1) omitted (31.12.2020) by virtue of The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 49(a)(i) (with regs. 146-152A) (as amended by S.I. 2019/685, Sch. 3 paras. 14, 15 and S.I. 2020/523, regs. 1(2), 5(g)-(j)); 2020 c. 1, Sch. 5 para. 1(1)