Top-down or bottom-up? "Comply or explain" for worker-directors in the UK

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Premium-listed companies have been put under pressure to make their boards representative of their employees by the revised UK Corporate Governance Code. There is now a "comply or explain" requirement on all UK premium-listed companies to appoint a director from the workforce, or alternatively to have a formal workforce advisory panel or appoint a designated non-executive director for workforce relations.

This notion is far from new; the revised Code reflects a trend in continental Europe for over two decades. Germany, France, Finland, Austria, Denmark, Sweden, Hungary and Norway – to name but a few – all have a regulatory frameworks that require some level of employee representation on the boards of certain companies. Thousands of companies in continental Europe now have worker-director positions and data suggests that this has directly impacted on business by increasing productivity.

In the UK, a few premium listed companies have opted to move ahead of the regulatory requirement and have had worker-directors for some time.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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