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.