Representation:

pre-existing "information and consultation" agreements failed to satisfy all the conditions required under the Information and Consultation of Employees Regulations 2004, SI 2004/3426 to entitle an employer to hold a ballot of employees to vote on whether to continue with those pre-existing agreements or to negotiate new ones. The result was that the employer had no option but to "initiate negotiations" for a new "information and consultation" agreement and was ordered to do so.

For relevant general notes see main heading Information and consultation .

editor's note:
The EAT heard an appeal (by Moray Council) and cross-appeal (by Mr Stewart) in this case in April 2006. The EAT dismissed both the appeal and the cross-appeal but the judgment is particularly useful for the clear explanation it provides of how the Information and Consultation of Employees Regulations 2004 should work generally. In relation to the particular issues involved in this case, the judgment is necessarily technical and complicated. It can be accessed by clicking here on The Moray Council v Stewart, EAT on 20th April 2006 - thanks to Brian Napier QC who represented The Moray Council and who kindly provided emplaw with a copy of the judgment).