The Transnational Information and Consultation of Employees Regulations 1999

1Citation, commencement and extent

2Interpretation

3Controlled and Controlling Undertaking

4Circumstances in which provisions of these Regulations apply

5The central management

PART IIEMPLOYEE NUMBERS & REQUEST TO NEGOTIATE ESTABLISHMENT OF A EUROPEAN WORKS COUNCIL OR INFORMATION AND CONSULTATION PRO CEDURE

6Calculation of numbers of employees

7Entitlement to information

8Complaint of failure to provide information

9Request to negotiate an agreement for a European Works Council or information and consultation procedure

10Dispute as to whether valid request made or whether obligation in regulation 9(1) applies

PART IIISPECIAL NEGOTIATING BODY

11Functions of the special negotiating body

12Composition of the special negotiating body

13Ballot arrangements

14Conduct of ballot

15Consultative Committee

PART IVEUROPEAN WORKS COUNCIL AND INFORMATION AND CONSULTATION PROCEDURE

16Negotiation procedure

17Content and scope of a European Works Council agreement and information and consultation procedure

18Subsidiary requirements

PART VCOMPLIANCE AND ENFORCEMENT

20Failure to establish European Works Council or information and consultation procedure

21Disputes about operation of European Works Council or information and consultation procedure

PART VICONFIDENTIAL INFORMATION

23Breach of statutory duty

24Withholding of information by central management

PART VIIPROTECTIONS FOR MEMBERS OF A EUROPEAN WORKS COUNCIL, ETC.

25Right to time off for members of a European Works Council, etc.

26Right to remuneration for time off under regulation 25

27Right to time off: complaints to tribunals

28Unfair dismissal

29Subsidiary provisions relating to unfair dismissal: Great Britain

30Subsidiary provisions relating to unfair dismissal: Northern Ireland

32Detriment: enforcement and subsidiary provisions

PART VIIIMISCELLANEOUS

The Appeal Tribunal, Industrial Court, CAC, ACAS and the Labour Relations Agency

34Appeal Tribunal: jurisdiction

35Appeal Tribunal: proceedings

36Industrial Court: jurisdiction

37Industrial Court: proceedings

38CAC: proceedings

39ACAS and the Labour Relations Agency

Restrictions on contracting out

40Restrictions on contracting out: general

41Restrictions on contracting out: Part VII

PART IXEXCEPTIONS

42Article 6 agreements

43Article 7 European Works Councils

44Article 3 agreements

45Article 13 agreements

46Merchant Navy

PART XTRANSITIONALS

47Transitionals: special negotiating body

48Transitionals: Article 7 European Works Councils

SCHEDULESUBSIDIARY REQUIREMENTS

1Establishment of European Works Council

2Composition of the European Works Council

3Appointment or election of UK members of the European Works Council

4Ballot arrangements

5Conduct of ballot

6Competence of the European Works Council

7Information and consultation meetings

8Exceptional information and consultation meetings

10The continuing application of the subsidiary requirements

1999 No. 3323

TERMS AND CONDITIONS OF EMPLOYMENT

The Transnational Information and Consultation of Employees Regulations 1999

Made12th December 1999

Laid before Parliament14th December 1999

Coming into force15th January 2000

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to measures relating to the information and consultation of employees2, in exercise of the powers conferred on him by that provision, hereby makes the following Regulations:—