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Darnton v Bournemouth University - £10,000 penalty for failure to comply with Information & Consultation Regs [2010] EAT

Following a Central Arbitration Committee decision that the University was liable for a financial penalty for breach of the Information & Consultation Regulations 2004, the EAT set the penalty at £10,000 

On 7 November 2007 Mr Darnton made a request, under the Information and Consultation of Employees Regulations 2004, SI 2004/3426 Reg 7, that procedures be started to appoint employee representatives to conduct negotiations with the University on matters where employees should be kept informed and consulted. This is an established procedure under the Regulations - to be a valid request at least 10% of the workforce must support it, and that was the case here. This then placed requirements on the University under Reg 14, namely:

  • 14(1)(a) to make arrangements for the selection of employee representatives,
  • 14(1)(b) notify the employees who the representatives are, and
  • 14(1)(c) invite the representatives to enter negotiations. Such negotiations shall last no more than 6 months beginning on a date no longer than 3 months after the request was made (Reg 14(3)).

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