Right to personalized email addresses for works council members: LAG Lower Saxony strengthens claims of individual works council members

LAG Lower Saxony, decision of 25.4.2025 - 17 TaBV 62/24

Modern means of communication are essential for the effective work of works councils.  In its decision of 25 April 2025 (case no. 17 TaBV 62/24), the Lower Saxony Higher Labour Court (LAG) clarified that individual works council members have an independent claim to the provision of personalized email addresses by the employer - even without a prior committee resolution.

Facts of the case

In the underlying case, the employer only provided the works council with a general email address under the employer's own domain. 
Individual works council members demanded that the employer also set up personalized email addresses, which also enabled the sending and receiving of emails outside of the company's own domain. The works council members stated that they considered confidential and direct communication with employees to be necessary for their work. The employer rejected this and pointed out that only the works council as a whole was entitled to material resources and that there was no corresponding committee resolution. At first instance, the labor court initially dismissed the claims.

Decision of the LAG of Lower Saxony

The Lower Saxony Higher Labor Court ruled in favor of the works council members. It clarified that individual members of the works council can also assert their own claims for the provision of material resources in accordance with Section 40 (2) BetrVG, provided that these are necessary for the exercise of their works council activities. If the works council member acts on their own responsibility, a committee resolution is not necessary.
The provision of personalized email addresses - also for communication outside the company's own domain - is necessary for up-to-date, efficient and, above all, confidential communication with employees and third parties. The use of a general works council address is not sufficient for this, as confidential contact cannot be guaranteed.  The costs of setting up such email addresses by the employer are also low and do not preclude the claim.

Practical note

The judgment of the Lower Saxony Higher Labor Court once again underlines the importance of modern means of communication for works council work. Employers must provide works council members with personalized email addresses at their request if this is necessary for the performance of their duties. A committee resolution is not required for this. The decision therefore strengthens the rights of individual works council members.