Who will enforce the establishment of the European Works Council?

The procedure for enforcing the establishment of a European Works Council (EWC) is largely overseen by the Central Arbitration Committee (CAC). The CAC will determine, for example, a failure to consult on a particular issue or a failure to establish an EWC following an agreement and may order the employer to comply with its obligations. Intentional failure to comply with any obligation could give rise to the Employment Appeal Tribunal imposing penalties of up to £100,000 with additional fines on a daily basis for continuing non-compliance. A continuing failure to comply would be treated as contempt of court.