An introduction to Information and Consultation
A
Park City Consulting product story
Edited by the Engineeringtalk editorial team
Apr 21, 2005
On 6 April 2005 the Information and Consultation Directive came into force for employers with at least 150 employees, and the new rules are introduced here by Park City Consulting.
On 6 April 2005 the Information and Consultation Directive came into force for employers with at least 150 employees.
This legislation will eventually apply to organisations with 50 or more employees with planned dates of 6 April 2007 for organisations with at least 100 employees and 6 April 2008 for organisations with at least 50 employees.
The Directive applies to undertakings defined as 'a public or private undertaking carrying out an economic activity, whether or not operating for gain' and dictates that all employees and managers have the right to be informed and consulted about issues which affect their employment and the organisation they work for.
The regulations standard provisions indicate that information and consultation must cover: Information on the recent and probable development of the undertaking's activities and economic situation; information and consultation on the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular where there is a threat to employment within the undertaking; information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations.
Employers at present have the option that they can ensure the existing arrangements for consulting with employees meet the requirements, be proactive and negotiate with employees to arrange a new consultation process.
Alternatively employers are entitled to wait for 10 per cent of the workforce to make a request for an information and consultation process before taking any action, although if a request is made employers are obliged to introduce the statutory procedure.
The maximum penalty for breaching the terms of a negotiated agreement or failing to comply with the standard provisions, if taken to an employment tribunal, could be up to GBP75,000.
Employers can talk to Park City Consulting regarding more in-depth details about the Directive, as there are clear criteria to follow when negotiating a new process for information and consultation and whether to do this at this time can depend on the current culture of an organisation and the existing methods of consultation.
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