How to Guide - Moving office when European Works Council are involved

Moving office in Europe becomes significantly more complex when a works council (local or a European Works Council) is involved. So, what is a Workers Council?

The key difference with the Workers Council is that relocation is not just an operational decision it’s legally framed as a change affecting working conditions, which triggers information and consultation rights.

Here’s a structured breakdown of some common pitfalls and things to consider on each.

1) Treating a change in office as a “done deal”. Workers need to be consulted, if not you risk legal challenges, injunctions (Germany/France) and loss of trust leading to tougher negotiations.

2) Underestimating the “impact” on workers. Work councils will look at commute changes, flexible work polices and impact on jobs including any restructure or redundancies offering triggering negotiations on pay, working times or conditions if the move is to be agreed.

3) Triggering escalation unintentionally. Workers council are involved in the veto of 50% of office moves or at best delaying decisions or involving unions.

4) Ignoring country-by-country differences. There is no single process, each country can be different. For example, German has strong co-determination rights and veto/delay mechanisms. France requires formal consultation and documentation and the Nordic regions have an emphasis on negotiation and collection agreement from employees.

5) Poor documentation and rationale. There must be a business justification for the move, a consideration of alternatives and an impact assessment.

6) Underestimating timeline impact. Simple moves can take weeks but large moves of HQs or multi-country relocations can take months (or longer)

7) Missing handling other legalities like redundancy, TUPE or H&S regulations.

Practical checklist for office relocation with works councils

Phase 1 — Pre-planning (before any announcement)

• Define business rationale clearly & map which Works Councils apply

  • Local

  • National

  • European (if multi-country impact)

• Conduct impact assessment:

  • Commute changes

  • Role changes

  • Headcount risk

• Align internal stakeholders (HR, Legal, Real Estate)

Phase 2 — Strategy & documentation

• Prepare a formal information pack:

  • Reasons for relocation

  • Alternatives considered

  • Expected impact on employees

• Decide:

  • What is negotiable vs fixed

• Build a consultation timeline per country (if multiple)

Phase 3 — Information & consultation

• Inform works council early (before final decision)

• Provide complete documentation

• Allow time for:

  • Questions

  • Expert reviews (they may appoint advisors)

• Engage in genuine dialogue (not just presentation)

Phase 4 — Negotiation (often overlooked)

Be ready to negotiate on:

• Travel compensation / relocation support

• Hybrid working arrangements

• Retention or redundancy packages

• Phasing of the move

Phase 5 — Decision & implementation

• Only finalise after consultation is properly closed

• Document: Responsesto works council opinions

• Communicate clearly to employees

• Implement agreed mitigation measures

Phase 6 — Post-move follow-up

• Monitor:

  • Attrition

  • Employee satisfaction

• Address unresolved commitments

• Keep works council engaged (ongoing dialogue matters)

Key takeaway

The biggest mistake is thinking this is about compliance. It’s really about negotiation and change management under legal constraints.

If handled well:

• Works councils can help smooth transitions

If handled poorly:

• They can delay, reshape, or even block parts or ALL of your plan

Disclaimer

This guide provides general information on engaging with Works Councils across Europe. It does not constitute legal advice and should not be relied upon as a substitute for country‑specific counsel.

Works Council rules differ widely between jurisdictions, and local labour laws or collective agreements may impose additional obligations not covered here.

Readers should seek qualified local legal or HR advice before taking any action related to employee consultation or representation. No responsibility is accepted for decisions or outcomes based on this material.