EWC and virtual meeting

On 23 December 2024, the Central Arbitration Committee (CAC), which is the UK authority responsible for resolving disputes involving EWCs, handed down a decision on a case brought by the British Council’s EWC against the management of this government institution, which is responsible for promoting the English language around the world. The case in question involved the EWC established under UK law prior to Brexit, which continues to function alongside the EWC set up in Ireland, after Brexit. The two bodies continue to function in parallel. The EWC’s view was that in principle, an exceptional EWC meeting taking place under the subsidiary requirements should be held in person, not on line, unless otherwise agreed between the central management and the EWC. The CAC points out that UK law (TICER) is “silent as to the format of that meeting and as to whether that format needs to be agreed between the parties”. The CAC’s opinion is that “it can be open to an employer to unilaterally impose an online meeting upon an EWC”, but it would be “good practice for an employer and EWC to seek to agree the format of the meeting”.