There are at least eight sets of circumstances in which employers have specific legal obligations to consult with employees and/or their representatives:

1. Generally in connection with (unfair) Dismissal;
   
2. Redundancy;
   
3. Business tansfers;
   
4. Occupational pension scheme arrangements;
   
5. Health and safety representatives;
   
6. Collective bargaining.
   
7. Since April 6th 2005, employees in larger firms have had the right to request their employer to inform them of, and consult with them about, business matters which affect their employment (see notes at Consultation with employees/Information and Consultation regulations 2004 ).

When consultation is required it must not be merely a matter of form. It must be genuine, which involves "...... giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, with the consultor thereafter considering those views properly and genuinely" (Glidewell LJ at para 25 in R. v British Coal and Sec'y of State for Trade and Industry ex p. Price [1994] IRLR 72 CA).

The employee(s) concerned must have an opportunity to understand properly what it is that they are being consulted about, to consider the matter and to express their views (see Rowell v Hubbard Group Services Ltd, EAT [1995] IRLR 195). When consultation is required it is only exceptionally that an employer can be justified in failing to consult (for an example see Warner v Adnet Ltd 1998 ICR 1056, CA).

Large companies with operations in more than one EU Member State are obliged to inform and consult employees in a variety of situations (see notes at Works Councils ). Similar requirements are soon to be extended to cover all employers in the EC with 50+ employees (see notes at Consultation with employees/Information and Consultation regulations 2004 ).

ACAS produce a useful general booklet on Representation at Work.

See also other sub-headings generally under consultation with employees .