Information and Consultation Regulations

Key Points

• The Information and Consultation of Employees Regulations 2004 (SI 2004/3426) [1] (the “Regulations”) apply to undertakings with 50 or more employees in the United Kingdom.

• Employers can choose voluntarily to negotiate an information and consultation agreement but can also be required to negotiate one if they receive a request from 10% of their employees (2% from 6th April 2020).

• Agreements set out the circumstances and the manner in which an employer must inform and consult its employees. Default provisions apply automatically if no agreement is reached during the period for negotiations.

• Employees can complain to the Central Arbitration Committee (the “CAC”) if employers fail to comply with their obligations under the Regulations and they can also ask the Employment Appeal Tribunal to issue a penalty notice against their employer.

• It is automatically unfair for an employer to dismiss an employee for seeking to exercise rights under the Regulations.


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