IAG : judgment of the Audienca National – Sala de lo socal Madrid, 18 September 2023, EWC IAG v. IAG Group

On 18 September 2023, the National Labour Court of Madrid handed down its ruling on the complaint filed by the EWC of the airlines group IAG against IAG management, for failing to inform and consult the European Works Council over its proposal to dismiss 12,000 British Airways employees and 500 Aer Lingus employees in 2020, in response to the drop in business linked to Covid-19. The court holds that failing to inform the European Works Council prevented the EWC from receiving the information it needed from IAG in order to evaluate the employment measures adopted and their possible impact on the group’s entire workforce. However, the court also takes the view that the criteria required for opening a consultation procedure were not met, in light of the provisions of the European Works Council agreement. The text states that a matter is transnational in nature when it affects more than 25 workers (in more than one EU country) or more than 50% of workers in a single country. Jonathan Hayward, the international delegate of the British trade union Unite the Union, says: “The European Works Council has appealed the decision, so that it can also be granted the right to be consulted”, (see European Trade Union Confederation press release).