Under the Information and Consultation of Employees Regulations 2004 are there any restrictions on employee requests and employer notifications?
Yes. A three-year restriction on employee requests and employer notifications applies from the date of a negotiated agreement; from the date on which the fallback rules started to apply; or, where a pre-existing agreement is in place, from the date of a valid employee request that was not endorsed by a workforce ballot. This is to prevent the unilateral overturning of a negotiated agreement, the fallback rules or a pre-existing agreement. However, within this period the parties could agree to terminate a negotiated or pre-existing agreement or to adopt an agreement in place of the fallback provisions.
If within the period there are material changes that mean that a pre-existing agreement no longer covers all the employees in the undertaking or can no longer be considered to be approved by the employees, or that a negotiated agreement no longer covers all the employees in the undertaking, the three-year moratorium does not apply.