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

PART 2 SAVING AND TRANSITIONAL PROVISIONS

Interpretation

33.  In this Part—

(a) “the 1999 Regulations” means the Transnational Information and Consultation of Employees Regulations 1999;

(b) “the modifications” means the following modifications to the 1999 Regulations—

(i) any reference to a “Member State” or “Member States” is to be read as a reference to a “Relevant State” or “Relevant States” (as the case may be);

(ii) regulation 2 is to be read as if—

(aa) the definition of “Member State” were omitted; and

(bb) the following were inserted at the appropriate place—

““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;”

(iii) regulation 3(4) is to be read as if—

(aa) for the words “referred to” there were substituted “described”;

(bb) at the end there were inserted the words “(whether or not the Regulation applies to that company)”;

(c) terms used which are defined in the 1999 Regulations have the same meanings in this Part as in those Regulations, as they had effect before exit day or as they have effect on and after exit day, as the context requires.

Information requests

34.  Despite the amendments and revocations made by Part 1 of this Schedule, the 1999 Regulations continue, on and after exit day, to have effect in relation to a request for information made under regulation 7(1) before exit day as they had effect immediately before that day, but subject to the modifications.

Ongoing negotiations

35.  Despite the amendments and revocations made by Part 1 of this Schedule, the 1999 Regulations continue, on and after exit day, to have effect in relation to ongoing negotiations as they had effect immediately before that day, but subject to the modifications.

36.  The reference in paragraph 35 to ongoing negotiations is a reference to any case in which the negotiation process for the establishment of a European Works Council or an information and consultation procedure was commenced, but not concluded, before exit day.

37.  For the purposes of paragraph 36—

(a) the negotiation process for the establishment of a European Works Council or an information and consultation is commenced on the date on which either—

(i) a valid request is made by employees or employees’ representatives under regulation 9(1) of the 1999 Regulations; or

(ii) the central management initiates negotiations in accordance with regulation 9(5) of the 1999 Regulations; and

(b) the negotiation process is concluded on the date on which either—

(i) the special negotiating body makes a decision under regulation 16(3) of the 1999 Regulations not to open negotiations with central management or to terminate negotiations;

(ii) the central management and the special negotiating body reach a written agreement on the detailed arrangements for the information and consultation of employees in accordance with regulation 17(1) of the 1999 Regulations; or

(iii) the provisions of the Schedule to the 1999 Regulations first apply by virtue of regulation 18(1)(b) or (c) of those Regulations.

38.  The 1999 Regulations (as amended by Part 1 of this Schedule) apply in relation to a European Works Council or an information and consultation procedure established pursuant to this Part of this Schedule on or after exit day as if it had been established before exit day.

39.  The 1999 Regulations (as amended by Part 1 of this Schedule) apply in relation to an agreement on the establishment of a European Works Council or an information and consultation procedure reached pursuant to this Part of this Schedule on or after exit day as if the agreement had been reached before exit day.

40.  The 1999 Regulations (as amended by Part 1 of this Schedule) apply in relation to a case where the negotiation process is concluded as mentioned in paragraph 37(b)(iii) on or after exit day as if the case is within regulation 18 of those Regulations.

Complaints and proceedings

41.  Despite the amendments and revocations made by Part 1 of this Schedule, the 1999 Regulations continue, on and after exit day, to have effect, in relation to any complaint or application presented under those Regulations before exit day to the Central Arbitration Committee or the Employment Appeal Tribunal, as they had effect immediately before that day but subject to the modifications.