The annual report of the Central Arbitration Committee (CAC) highlights its two rulings in the year ending 31 March 2012 on alleged breaches of the Information and Consultation of Employees Regulations 2004.
The Information and Consultation of Employees Regulations 2004, which apply to undertakings with 50 or more employees in the UK, require employers to inform and consult their employees about their business and its prospects, and decisions likely to impact on the employees.
Claims that the information and consultation provisions have been breached are heard by the CAC, with appeals going to the Employment Appeal Tribunal (for example, Stewart v Moray Council [2006] IRLR 592 EAT and Amicus v Macmillan Publishers Ltd [2007] IRLR 885 EAT). The two cases, against the same company, were:
- Burgar v Wincanton Container Logistics [2011] IC/38 (on the CAC website) Mr Burgar complained under reg.19(4) that the employer had failed to arrange for a ballot to elect information and consultation representatives in a case where the standard information and consultation provisions applied. The CAC decided that a valid request had been made for information and consultation arrangements and that the employer had not initiated negotiations to establish such arrangements "as soon as reasonably practicable" after receipt of the request.
- Mitchell v Wincanton Container Logistics [2011] IC/39 (on the CAC website) Mr Mitchell complained under reg.22(1) that the employer had failed to inform and consult in circumstances in which the standard information and consultation provisions applied. The CAC decided not to uphold the complaint as any obligation on the employer to inform and consult arose prior to the date on which the standard information and consultation provisions took effect.
Quick reference
Information and consultation - pre-existing agreements
Information and consultation - standard provisions
Information and consultation - valid employee requests
