Information and consultation — overviewICER

The Information and Consultation of Employees Regulations 2004 (ICER) require employers based in Great Britain to provide information to their employees and to consult with them about the operation of their business.

• applicability: ICER applies to undertakings in Great Britain with at least 50 employees.

• entitlement to data: to see if ICER applies, employees and their representatives may request data from the employer to find out how many people it employs in the UK

• employee requests and employer notification: ICER obligations to inform and consult only arises if initiated by written notice from the employer or written request by at least 10% of the workforce. Negotiations can be set up involving multiple employers covering several undertakings. Disputes regarding requests and notifications can be resolved by application to the Central Arbitration Committee (CAC). There are restrictions on making requests and notifications within three years of previous agreements coming into effect or receiving a repeat endorsement

• negotiated agreements: once an ICER process is initiated, negotiations must begin as soon as practicable, including arrangements for the election of employee representatives. There is a time limit of six months for negotiations, which may be extended. Any negotiated agreement under ICER must comply with minimum specifications, including that it covers all relevant employees and sets out the circumstances in which the employer must inform and consult the workforce. The employees can approve an agreement either through the negotiating representatives, or through written agreement signed by a majority of employees, or by ballot

• standard information and consultation provisions: if no negotiated agreement is reached, the standard information and consultation provisions apply automatically but employees still have to elect representatives. The standard provisions require the employer to inform and consult on matters such as the undertaking's activities and economic health, changes to the structure of employment, changes in work organisation or contractual relations, TUPE transfers and collective redundancies

• pre-existing agreements: where an agreement is already in force when a valid request is made, the employer sometimes has the option of balloting employees about continuing under the old agreement. Only if a majority are in favour of a new agreement will the negotiating process begin afresh

• confidential information: employers are not obliged to disclose information that would harm their business. Any information actually provided must be held in confidence by the recipient. The CAC resolves disputes on what information must be disclosed

For further information, see The Information and Consultation of Employees Regulations 2004.

Election of employee representatives

• types of representatives: there are three types — 'employees' representatives' who exist before negotiation starts, 'negotiating representatives' appointed during negotiations, and 'information and consultation representatives' once an agreement is reached or the standard provisions are imposed

• negotiating representatives: all relevant employees must be represented and take part in the choosing of their representatives

• information and consultation representatives: are either appointed expressly (in a negotiated agreement) or elected by a ballot of the workforce (where the standard provisions are imposed)

• rights and protections: representatives are entitled to time off to perform their function. They may bring tribunal claims if they are not accorded that right or are dismissed or subjected to a detriment for a reason connected with their duties

For further details, see ICER employee representatives.

Works councils

The Transnational Information and Consultation of Employees Regulations 1999 ('TICER') require transnational employers to provide information to their employees and to consult with them at a European level about the operation of their business. The obligations are generally imposed on central management.

• applicability: TICER applies only where the undertaking or group of undertakings has more than 1,000 workers across Europe, with at least 150 in each of two European countries. There are provisions on how to calculate if an undertaking is covered or not. Employees and their representatives have rights to request information on employee numbers so they can work out if TICER applies

• requests to negotiate a European Works Council: central management in the UK must start negotiations to set up a European Works Council where at least 100 employees from at least two undertakings in at least two countries make a request. Requests made within two years of a decision by a Special Negotiating Body will not be valid. Central management may also initiate negotiations. The validity of request are decided by the CAC

• special negotiating bodies: represent employees in negotiations to establish European Works Councils, and consist of representatives from each country in which the undertaking has an establishment

• negotiating procedure: central management negotiates with the SNB and passed on information to local management

• establishing a European Works Council: there are certain minimum requirements for the contents of an agreement to establish a European Works Council, such as what undertakings it covers, the functions and procedures for information and consultation and how often it will meet. Instead of a European Works Council, the parties may agree an information and consultation procedure. If the parties fail to agree at all, a statutory European Works Council will be imposed. Disputes are referred to the Employment Appeal Tribunal

• confidential information: central management is not obliged to disclose information that would harm the undertaking. Any information actually provided must be held in confidence by the recipient. The CAC resolves disputes on what information must be disclosed

• rights and protections: those who are or are standing to be members of SNBs or European Works Councils or information and consultation representatives are entitled to time off to perform their function. They may bring tribunal claims if they are not accorded that right, or are dismissed or subjected to a detriment for a reason connected with their duties

For more details, please see Works councils.