EAT case re compliance with Transnational Information and Consultation of Employees Regs 1999 - Hinrichs v Oracle Corp UK Ltd [EAT] 31.07.19 (Unreported)

Where exceptional circumstances affected employees' interests to a considerable extent and an employer had given a European Works Council the necessary information on its proposed business reorganisation and engaged in consultation pursuant to the Transnational Information and Consultation of Employees Regulations 1999 Sch.1 para.8, the employer was not required to wait for the EWC's opinion before taking and implementing its decision. Furthermore, Directive 2009/38 did not warrant reading words into reg.19E(2) of the Regulations requiring the employer to give the EWC a reasonable opportunity to provide an opinion to the national employee representation bodies on any proposal.