UNI europa response to draft UK EWC legislation

On 12 February 2010, the public consultation on the transposition of the European Directive 2009/38/EC on European Works Councils into UK law closed. Within a set of 22 questions the UK Government’s Department for Business Innovation & Skills asks for comments on the approach taken in transposing the EWC directive.
After consulting with its UK affiliates, UNI europa decided to file a response. At the same time, also other European trade union federations took the opportunity to give their views and experiences in commenting on this draft.
Many points of the UK draft reflect neither the needs and the reality of EWCs nor the European Directive. The draft transposition that has been presented would set the lowest possible standards and has raised concerns that it will even undermine the European provisions.
Experience shows that EWCs and their members need empowerment in terms of widest possible access to training without loss of wages, widest possible access to support from national trade unions as well as European trade union federations, and a legal basis that emphasises a cooperative spirit between employer and employees, acknowledging the positive effects of a well functioning EWC for both sides. To UNI europa’s disappointment, these are exactly the points in which the UK draft gets a lot weaker than the Eruopean directive.
The UK draft opts on remaining vague or even negative when it comes to providing (future) EWC members with helpful tools, such as having an expert of their choice speaking on their behalf at SNB meetings. Similar rights for management are left unquestioned. Many improvements that trade union organisations have campaigned and fought for to be included in the new directive are being weakened or even undermined by the UK draft, such as concrete definitions of the terms „information and consultation“ or the directive’s clarification on „transnationality“ that would be needed so urgently: Often we hear of companies withholding information from their EWC on the pretext that it does not have any transnational impact – even though this can quite easily be proven wrong. The clear need for a better gender balance in EWCs is simply being disqualified as an “unnecessary burden”.
UNI europa is very disappointed by the narrow approach of this draft and urges UK Government to reconsider. Among the over 200 EWCs within the scope of UNI europa, there are many UK members of Special Negociation Bodies (SNBs) and EWCs. With its response, UNI europa wants to support their rights to information and consultation.
For further questions please refer to claudia.saller@uniglobalunion.org