Hinrichs and others v Oracle Corporation UK Ltd UKEAT/0194/18/RN
Appeal against the decision of the Central Arbitration Committee (“CAC”) rejecting the complaint that the Employer should not have taken action to dismiss employees before the European Works Council (“EWC”) had given an opinion on the proposed action. Appeal dismissed.
The Employer, a multinational company, decided to close some of its operations in Europe and concluded that such action fell within the scope of the Transnational Information and Consultation of Employees Regulations 1999 as amended ("TICER"). Following some dialogue between the Employer and the EWC, the Complainant, as a representative of the EWC, presented six complaints to the CAC under TICER arising out of the information and consultation process conducted by the Employer in relation to the closures. The CAC rejected the complaints, concluding that TICER did not stipulate that management could not implement its decision until the EWC had given its opinion. The Complainant appealed on grounds including whether the CAC should have interpreted reg 18A TICER as requiring the EWC to be consulted and to be given the opportunity to provide its opinion before a final decision on the closures was undertaken.
The EAT held that the CAC had correctly determined that TICER did not prohibit the Employer from taking or implementing its decision affecting the workforce after it had consulted but before the EWC had produced its opinion.
Published: 05/08/2019 12:42