The Transnational Information and Consultation of Employees (Amendment) Regulations 2010

Amendment of regulation 2

3.  In regulation 2 (interpretation)—

(a) in paragraph (1) after the definition of—

(i) “ACAS” insert—

““agency worker” has the meaning provided for in regulation 3 of the Agency Workers Regulations 2010(1);”;

(ii) “group undertaking” insert—

““hirer” has the meaning provided for in regulation 2 of the Agency Workers Regulations 2010;”;

(iii) “Member State” insert—

““national employee representation body” means—

(a)

where the employees are of a description in respect of which an independent trade union is recognised by their employer for the purpose of collective bargaining, that trade union, and

(b)

a body which has not been established with information and consultation on transnational matters as its main purpose, to which any employee representatives are elected or appointed by employees, as a result of which they hold positions in which they are expected to receive, on behalf of the employees, information—

(i)

which is relevant to the terms and conditions of employment of the employees, or

(ii)

about the activities of the undertaking which may significantly affect the interests of the employees,

(including information relevant only to a specific aspect of the terms and conditions or interests of the employees, such as health and safety or collective redundancies);

“relevant date” has the meaning given to it in regulation 6(4);”;

(iv) “special negotiating body” insert—

““suitable information relating to the use of agency workers” means—

(a)

the number of agency workers working temporarily for and under the supervision and direction of the undertaking;

(b)

the parts of the undertaking in which those agency workers are working; and

(c)

the type of work those agency workers are carrying out;

“temporary work agency” has the meaning provided for in regulation 4 of the Agency Workers Regulations 2010;”; and

(b) after paragraph (4) insert—

“(4A) In paragraph (1) in the definition of “national employee representation body” and in regulation 18A, matters are transnational where they concern—

(a) the Community-scale undertaking or Community-scale group of undertakings as a whole, or

(b) at least two undertakings or establishments of the Community-scale undertaking or Community-scale group of undertakings situated in two different Member States.

(4B) The arrangements to link information and consultation of a European Works Council with information and consultation of the national employee representation bodies—

(a) in regulation 17(4)(c) may relate to any matters including, as the case may be—

(i) the content of the information, the time when, or manner in which it is given, or

(ii) the content of the consultation, the time when, or manner in which it takes place;

(b) in regulations 17(4)(c) and 19E are subject to the limitation in regulation 18A(7); and

(c) in regulations 17(4)(c) and 19E shall not affect the main purpose for which a national employee representation body was established.

(4C) An agency worker who has a contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) with a temporary work agency which is a Community-scale undertaking or Community-scale group of undertakings at the relevant date, which is not a contract of employment, shall be treated as being employed by that agency for the duration of their assignment with a hirer for the purposes of—

(a) calculating the number of employees within the definitions of “Community-scale undertaking” and “Community-scale group of undertakings” in this regulation; and

(b) the means of calculating the number of employees in regulation 6.”.

(1)

S.I. 2010/93.