The Council

 

Subject:        Information and Consultation of Employees Regulations

 

Origin:           Director of Personnel Services


The Information and Consultation of Employees Regulations come into force on 6th April 2005 for all undertakings with 150+ employees.  Draft Regulations were published by the Department of Trade and Industry(DTI) in July 2004 and the final version is expected shortly.  The Regulations will set out a framework for consultation with employees about the business they work for, including the prospects for employment, and substantial changes in work organisation. 

 

The Regulations are intended to cover undertakings that carry out an economic activity.  The DTI is not certain that Universities and Colleges will be covered by this definition and expect this to be determined by the courts.  However it would seem prudent to assume that they will apply to the University.  The Regulations will also apply to University owned companies but they are deferred until April 2007 for undertakings with less than 150 employees.

 

The Regulations do not require employers to take any action unless they receive a request from at least 10% of their employees to enter into an information and consultation agreement.  This would be done by the election of employee representatives to undertake the negotiations with the employer.  It is also open to an employer to initiate such a process.  In some cases it may then be possible to utilise existing agreements unless 40% of the workforce, and a majority of those who vote in a ballot, support the negotiation of a new agreement.  (This option would not be open to the University as the agreements it has with the local trades unions do not satisfy all the requirements of the Regulations.) 

 

As there is little evidence of dissatisfaction with the existing methods of consulting with employees it is recommended that the University take no action to initiate a new agreement at this time.