The Employment Rights (Amendment) (EU Exit) Regulations 2019

Amendments to the Regulations

3.  In regulation 2 (interpretation)—

(a) In paragraph (1)—

(i) for the definition of “European Works Council” substitute—

““European Works Council” means the council, established—

(a)

before exit day under and in accordance with regulation 17, or regulation 18 and the provisions of the Schedule, or

(b)

where appropriate, under and in accordance with the provisions of the law or practice of a Relevant State other than the United Kingdom which are designed to give effect to Article 6 of, or Article 7 of and the Annex to, the Transnational Information and Consultation Directive,

with the purpose of informing and consulting employees;”

(ii) in the definition of “information and consultation procedure” after “regulation 17” insert “before exit day”;

(iii) omit the definition of “Member State”;

(iv) after the definition of “relevant date” insert—

““Relevant State” means―

(a)

a state which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and

(b)

the United Kingdom;”;

(v) in the definition of “special negotiating body” after “established” insert “before exit day”;

(vi) in the definition of “UK management” for “is, or would be,” substitute “before exit day was, or would have been,”;

(vii) omit the definition of “UK member of the special negotiating body”;

(b) in paragraph (3) for “regulations 6, 13 to 15” substitute “regulation 6”;

(c) in paragraph (4) omit “regulations 13 and 15 and”;

(d) in paragraph (4B)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraphs (b) and (c) for “regulations 17(4)(c) and” substitute “regulation”;

(e) in paragraph (5) for “are designed” substitute “were designed”.