{
  "url": "https://openlegislation.uk/transnational-information-and-consultation-of-employees-amendment-regulations-2010/note",
  "json_url": "https://openlegislation.uk/transnational-information-and-consultation-of-employees-amendment-regulations-2010/note.json",
  "legislation": "uksi/2010/1088",
  "legislation_title": "The Transnational Information and Consultation of Employees (Amendment) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/transnational-information-and-consultation-of-employees-amendment-regulations-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations are made under section 2(2) of the European Communities Act 1972 (c.68) and amend the Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323) (as amended by SI 2004/1079, SI 2004/2326 as substituted by SI 2009/2401, SI 2004/2518 and SI 2006/2059) (the “1999 Regulations”). They implement Directive 2009/38/EC of the European Parliament and of the Council of 6th May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ No L 122, 16.5.2009, p. 28); and Articles 7 and 8 of Directive 2008/104/EC of the European Parliament and of the Council of 19th November 2008 on temporary agency work (OJ No L327, 5.12.2008, p. 9) in so far as those Articles are relevant to the transnational information and consultation of employees.\nRegulation 1 sets out the different coming into force dates for the agency worker-related provisions and the rest of the Regulations and makes it clear that the Regulations extend to Northern Ireland. Regulation 3 amends regulation 2 by providing definitions and setting out the circumstances in which matters or questions are transnational. It also clarifies how information and consultation of the European Works Council may be linked with the information and consultation of the national employee representation bodies; that such information and consultation is limited to transnational matters; and that the scope of the national employee representation bodies remains unaffected by any arrangements to link information and consultation.\nRegulation 5 amends regulation 7 of the 1999 Regulations by specifying the information that management must provide to employees to enable them to determine whether an establishment or undertaking is (or is part of) a Community-scale undertaking or Community-scale group of undertakings. Regulation 6 amends regulation 8 of the 1999 Regulations so that there is a remedy available if management has failed to obtain information requested under regulation 7.\nRegulation 7 amends regulation 12 of the 1999 Regulations to change the way in which the special negotiating body is constituted and to impose certain information requirements on it. Regulation 8 amends regulation 16 of the 1999 Regulations to give special negotiating body members the right to meet without central management.\nRegulation 9 amends regulation 17 of the 1999 Regulations to insert new requirements in relation to the content of an agreement establishing a European Works Council. Regulation 10 inserts a new regulation 18A into the 1999 Regulations, setting out how European Works Council members and information and consultation representatives are to be informed and consulted.\nRegulation 11 inserts new regulations 19A, 19B, 19C, 19D, 19E and 19F into the 1999 Regulations. Regulations 19A and 19B provide, respectively, that European Works Council members must have the means required to fulfil their duty under the Regulations and that special negotiating body members and European Works Council members are entitled to training.\nRegulations 19C and 19D oblige the European Works Council to inform employees of the outcome of the information and consultation procedure, with a right to complain to the Central Arbitration Committee (“CAC”) for failure to do so.\nRegulations 19E and 19F impose, respectively, a new obligation for information and consultation of the European Works Council to be linked to the information and consultation of the national employee representation bodies; and for the initiation of negotiations for the establishment of a European Works Council or information and consultation procedure where the structure of a Community-scale undertaking or Community-scale group of undertakings changes significantly.\nRegulations 12 and 13 mostly make procedural amendments to regulations 20 and 21 of the 1999 Regulations which relate to disputes. Regulation 14 inserts a new regulation 21A into the 1999 Regulations to provide a remedy for various failures of management. Regulation 15 makes procedural amendments to regulation 22 of the 1999 Regulations which relates to penalties.\nRegulation 16 amends regulation 25 of the 1999 Regulations to give special negotiating body members and European Works Council members the right to time off for training.\nRegulations 17 to 22 make procedural amendments which reflect that in Great Britain, the CAC will hear complaints and the Employment Appeal Tribunal will issue penalties, and in Northern Ireland, the Industrial Court will hear complaints and the High Court in Northern Ireland will issue penalties.\nRegulation 23 amends regulations 44 and 45 of the 1999 Regulations so that where the structure of a Community-scale undertaking or Community-scale group of undertakings changes significantly, the provisions relating to renegotiation of the European Works Council or information and consultation procedure, as well as the provisions protecting special negotiating body members from detriment and unfair dismissal, apply. Regulation 26 also inserts a new regulation 45A into the 1999 Regulations, which provides that most of the amendments made to the 1999 Regulations by these Regulations do not apply to undertakings with existing agreements which are signed or revised on or after 5th June 2009 and before 5th June 2011. Those that apply include the provisions relating to renegotiation of the European Works Council or information and consultation procedure where the structure of a Community-scale undertaking or Community-scale group of undertakings changes significantly, as well as the agency worker-related amendments and certain procedural amendments.\nRegulations 24 to 29 make amendments to the Schedule which contains subsidiary requirements. Regulation 30 makes consequential amendments to the Employment Appeal Tribunal Rules 1993.\nAn impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector, together with a transposition note setting out how the Directive is being transposed into UK law, is available and copies can be obtained from the Department for Business, Innovation and Skills, Employment Relations Directorate, 1 Victoria Street, London SW1H 0ET or on www.bis.gov.uk. Copies of each have also been placed in the libraries of both Houses of Parliament.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/1088/note",
    "retrieved_at": "2026-10-29T02:44:25.140269+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}