Implementation of the European Works Council Directive 2009/38/EC
The Department for Business, Innovation and Skills (BIS) sought views on draft Regulations to implement the Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings or Community-scale groups of undertakings for the purposes of informing and consulting employees (recast), commonly known as the recast European Works Council (EWC) Directive. Member States have until 5 June 2011 to implement the Directive. The Directive was heavily informed by input from the European Social Partners and represents a carefully balanced compromise between the interests of employees and business. The Government will implement the Directive in such a way that this balance is retained.
The right to be represented by a EWC was first introduced by the European Works Council Directive in 1994.This was extended to cover the UK in 1997 and was implemented through: The Transnational Information and Consultation of Employees Regulations 1999 
.A new EWC Directive was agreed in May 2009 which retained the structure and overall approach of the earlier Directive whilst introducing some important changes.The Government undertook a Public Consultation on the Directive in autumn 2008 before it was finalised.
This was followed by a further Public Consultation in 2009/10 after which the UK Government introduced the Transnational Information and Consultation of Employees (Amendment) Regulations 2010 to implement the new Directive. The Public Consultation extended to Northern Ireland but all responses were made directly to BIS. The Regulations were finalised and signed on 30 March 2010: Consultation
Those parts of the Regulations which implement the Directive come into force on 5 June 2011. These Regulations extend to Northern Ireland and all BIS information on the related background, consultations, Government response and guidance .
