INFORMATION

1
INFORMATION CONSULTATION REGULATIONS  

• Iain Adlington
• Employment Relations Directorate
• Department of Trade Industry

2
Background

• Directive in force March 2002
• High Performance Workplaces I and II
• CBI/TUC discussions
• To be transposed March 2005(clause in ERA Bill)

3
Outline of Regulations

• Undertakings
• Employee request
• Pre-existing agreements
• Negotiated agreements

4
Undertakings

• Definition
• HMG chose undertakings
• Expect to have some flexibility

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Employee request

• Employees put in request
• Can be anonymous
• Ensure that there are sufficient numbers
• Requests can be aggregated (time limit)

6
Agreements

• Emphasis on voluntary agreements
• Freedom to agree own arrangements
• Must be agreements
• Pre-existing and new agreements
• Fall back provisions where no agreement

7
Outstanding issues

• Guidance
• Overlap with existing legislation
• Groups, undertakings, establishments
• Impact on TU collective agreements

8
Possible solution to overlap
I C
Collective redundancies
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Groups etc

• Flexibility to agree arrangements covering more
  than one undertaking
• Or agree arrangements that cover different parts
  of single undertaking
• Applies to negotiated and pre-existing agreements
• Guidance will elaborate on practical implications

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Collective Agreements

• No special treatment for Collective Agreements
• Expect Collective Agreements to co-exist with IC
  agreements

11
Next steps

• Lay Regulations during 2004
• Clause in the Employment Relations Bill
• Come into force March 2005
• Public sector code