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ARTICLE · 01 MARCH 2022

EWCs Post-Brexit

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With a year now passed since Brexit, you may be surprised to see a post on this topic. However, it would seem that Brexit is still causing havoc when it comes to European Works Councils (EWCs) ...

European UnionEmployment and HR

With a year now passed since Brexit, you may be surprised to see a post on this topic. However, it would seem that Brexit is still causing havoc when it comes to European Works Councils (EWCs) which had their headquarters in the UK pre-Brexit.

As the scope of EWCs is limited to the European Economic Area, post Brexit, it was not possible for EWCs to keep their bases in the UK. Given that, following the end of the transition period, the UK was no longer an EU Member State, the UK automatically became a 'third country' with regards to the implementation and application of EU law. As such, any EWC based in the UK needed to move to a new EU Member State prior to this date. If active steps were not taken to relocate the EWC to another EU member state, the EWC automatically relocated to the EU Member State in which the company has the highest employee headcount (assuming the employer still had the required number of employees in EU Member States to remain subject to the EWC

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