The employer controls an airline group with operations across the EU and the EEA. Given its size, the group must operate a European Works Council (“EWC”) for the provision of information and consultation about transnational matters affecting its employees across the EU and the EEA. Central management of the group is situated in the United Kingdom. The employer contended that the amendments made to Regulations 4 and 5 of amended TICER, with effect from the end of the Brexit transition period, have the consequence that the regulations no longer apply where central management is situated in the United Kingdom.

The EAT rejected this argument. The CAC did not err in law in concluding that it had jurisdiction to hear the complaint of the easyJet European Works Council made against easyJet PLC under Regulations 21 and 21A of amended TICER.