The Transnational Information and Consultation of Employees Regulations 1999

Appointment or election of UK members of the European Works Council

3.—(1) The UK members of the European Works Council must be UK employees and—

(a) in a case where all of those employees are represented by UK employees' representatives, shall be elected or appointed by such employees' representatives;

(b) in a case where not all of those employees are represented by UK employees' representatives, shall be elected by ballot.

(2) For the purposes of this paragraph all of the UK employees are represented by UK employees' representatives if each of the employees referred to in sub-paragraph (1) is a UK employee—

(a) in respect of which an independent trade union is recognised by his employer for the purpose of collective bargaining; or

(b) who has elected or appointed an employees' representative for the purpose of receiving, on the employee’s behalf, information—

(i) which is relevant to the employee’s terms and conditions of employment; or

(ii) about the activities of the undertaking which may significantly affect the employee’s interests

but excluding representatives who are expected to receive information relevant only to a specific aspect of the terms and conditions or interests of the employee, such as health and safety or collective redundancies.

(3) Where sub-paragraph (l)(a) above applies, the election or appointment of members of the European Works Council shall be carried out by whatever method the UK employees' representatives decide.

(4) Where sub-paragraph (l)(b) applies, the UK members of the European Works Council are to be elected by a ballot of the UK employees in accordance with paragraphs 4 and 5.