For the purposes of the Information and Consultation of Employees Regulations 2004, how is the number of employees in an undertaking calculated?
To decide if and when the Information and Consultation of Employees Regulations 2004 (SI 2004/3426) apply to an employer, the number of employees in the undertaking must be established. This is ascertained by determining the number of employees employed in each of the 12 months preceding the month in which an employee request to negotiate an information and consultation agreement occurs, adding these figures together and dividing by 12. Where the employer has been in existence for less than 12 months, the calculation is based on the number of months it has been in existence. For these purposes only, the employer may if it wishes count a part-time employee as representing half of a full-time employee for any month in which he or she worked under a contract for 75 hours or less.