Guidance

Cross-Border Mergers: apply to the Central Arbitration Committee (CAC)

How employees, employers and their representatives can resolve disputes under the Companies (Cross-Border Mergers) Regulations 2007

This is a legal process by which a UK company and a company in another EU state can engage in a “cross-border merger”. This is a voluntary process and has to be sanctioned by the courts. If the merged company is registered in the UK, there is an obligation on it to establish information and consultation machinery. Disputes about the setting up and running of these information and consultation arrangements can be brought to the CAC.

Types of application and complaint

There are several types of applications or complaint that employees and companies can make. These include whether:

  • a merging company has failed to provide information or the information is false or incomplete.
  • the special negotiating body (this is a group of employee representatives which negotiates with the companies about setting up the Employee Participation Agreement) is properly constituted.
  • the arrangements for the ballot of the UK employees comply with the regulations.
  • the parties are complying with the terms of the agreement.

You can read a full list of Cross-Border Mergers: applications and complaints (PDF, 15.5KB, 4 pages) .

The Regulations are available from legislation.gov.uk.

Make an application or complaint

Complaints or applications brought by;

  • An England, Scotland or Wales employee
  • any representative appointed or elected to act in England, Scotland or Wales
  • a England, Scotland or Wales member of the special negotiating body
  • a merging company or transferee company registered in England, Scotland or Wales

should be made to the CAC.

Complaints or applications brought by:

  • a Northern Ireland employee
  • any representative appointed or elected to act in Northern Ireland
  • a Northern Ireland member of the special negotiating body
  • a merging company or transferee company registered in Northern Ireland

should be made to the Industrial Court.

There is no application form for the CAC so you should write or email with the following information:

  • your name and contact details
  • the name and contact details of the other party (the merging companies or employee as appropriate)
  • the Regulation number of your application or complaint listed in Cross-Border Mergers: applications and complaints (PDF, 15.5KB, 4 pages) .
  • a brief statement explaining your complaint.

Send your email to enquiries@cac.gov.uk.

What happens next

The CAC will acknowledge your complaint and invite the other party to respond to it.

We will tell you the names of the panel members who will be considering your complaint and the name of the case manager who will be your contact.

The case manager will tell you what happens next. This could include:

  • providing further information
  • attending an informal meeting to discuss the issues
  • attending a formal hearing after which the CAC will issue a decision
Published 28 November 2014