European Companies: apply to the Central Arbitration Committee (CAC)
How employees, employers and their representatives can resolve disputes under the European Public Limited-Liability Company (Employee Involvement)(Great Britain) Regulations 2009 and The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018
The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 has replaced parts of the European Public Limited-Liability Company (Employee Involvement)(Great Britain) Regulations 2009. Whereas the 2009 regulations replace Part 3 of the European Public Limited-Liability Company Regulations 2004 and set out the process to enable employee participation in a public limited-liability company, “Societas Europea” or “SE”. From 1 January 2021 provisions will apply to a United Kingdom Societas or UK Societas domestic framework. All European Public Limited-Liability Companies that were registered in the United Kingdom immediately before 1 January 2021 are converted into a United Kingdom Societas or UK Societas. If an SE or a UK Societas is created, 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 participating 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 participating companies about setting up the Employee Involvement 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 European Companies: applications and complaints
The Regulations are available from legislation.gov.uk.
Make an application or complaint
These regulations apply to Great Britain only – there are separate regulations that apply in Northern Ireland.
Complaints or applications should be made to the CAC if:
- a company intends to establish an SE or a UK Societas and its registered office will be in Great Britain
- an SE or a UK Societas has been established and its registered office in Great Britain
If your complaint is in relation to the election or appointment of UK members of the special negotiating body then regardless of where the registered office is based you can make an application to the CAC; however, if the majority of the UK employees are employed in Northern Ireland then an application should be made to the Industrial Court.
Complaints or applications can also be brought under Parts 6 to 9 of the regulations irrespective of where the registered office of the SE or the UK Societas is, or where it is intended to be, if any of the following is registered or situated in Great Britain;
- a participating company, its concerned subsidiaries or establishments
- a subsidiary of an SE or a UK Societas
- an establishment of an SE or a UK Societas
- an employee or an employees’ representative
There is no application form for the Central Arbitration Committee (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 SE or participating company or employee as appropriate)
- the Regulation number of your application or complaint listed in European Companies: applications and complaints
- 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