The Information and Consultation of Employees Regulations 2004

Standard information and consultation provisionsE+W+S

20.—(1) Where the standard information and consultation provisions apply pursuant to regulation 18, the employer must provide the information and consultation representatives with information on—

(a)the recent and probable development of the undertaking’s activities and economic situation;

(b)the situation, structure and probable development of employment within the undertaking [F1(and such information must include suitable information relating to the use of agency workers (if any) in that undertaking)] and on any anticipatory measures envisaged, in particular, where there is a threat to employment within the undertaking; and

(c)subject to paragraph (5), decisions likely to lead to substantial changes in work organisation or in contractual relations, including those referred to in—

(i)sections 188 to 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 M1; and

(ii)[F2regulations 13 to 16 of the Transfer of Undertakings (Protection of Employment) Regulations 2006].

(2) The information referred to in paragraph (1) must be given at such time, in such fashion and with such content as are appropriate to enable, in particular, the information and consultation representatives to conduct an adequate study and, where necessary, to prepare for consultation.

(3) The employer must consult the information and consultation representatives on the matters referred to in paragraph (1)(b) and (c).

(4) The employer must ensure that the consultation referred to in paragraph (3) is conducted—

(a)in such a way as to ensure that the timing, method and content of the consultation are appropriate;

(b)on the basis of the information supplied by the employer to the information and consultation representatives and of any opinion which those representatives express to the employer;

(c)in such a way as to enable the information and consultation representatives to meet the employer at the relevant level of management depending on the subject under discussion and to obtain a reasoned response from the employer to any such opinion; and

(d)in relation to matters falling within paragraph (1)(c), with a view to reaching agreement on decisions within the scope of the employer’s powers.

(5) The duties in this regulation to inform and consult the information and consultation representatives on decisions falling within paragraph (1)(c) cease to apply once the employer is under a duty under—

(a)section 188 of the Act referred to in paragraph (1)(c)(i) (duty of employer to consult representatives); F3...

(b)[F4regulation 13] of the Regulations referred to in paragraph (1)(c)(ii) (duty to inform and consult representatives), [F5 or

(c)any of regulations 11 to 13 of the Pension Schemes Regulations,]

and he has notified the information and consultation representatives in writing that he will be complying with his duty under the legislation referred to in [F6sub-paragraph (a), (b) or (c)], as the case may be, instead of under these Regulations, provided that the notification is given on each occasion on which the employer has become or is about to become subject to the duty.

(6) Where there is an obligation in these Regulations on the employer to inform and consult his employees, a failure on the part of a person who controls the employer (either directly or indirectly) to provide information to the employer shall not constitute a valid reason for the employer failing to inform and consult.

Textual Amendments

F1Words in reg. 20(1)(b) inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 27

Marginal Citations