What constitutes a valid employee request to negotiate an information and consultation agreement?
A valid employee request will take the form of either a single request made by at least 10% of the employees in the undertaking or a number of requests that, when taken together, mean that at least 10% of the employees in the undertaking have made requests. In the latter case the requests may be made on the same or different days so long as they are all made within a period of six months. Employers are therefore advised to retain any employee requests that do not themselves fulfil the 10% requirement for a period of six months in case further employee requests are received. Where multiple requests are received employers may wish to check that the same employee does not appear on more than one request in order to avoid double counting. Where the 10% requirement would result in fewer than 15 or more than 2,500 employees being necessary for a valid request, a minimum of 15 or a maximum of 2,500 employees is necessary.
To be valid a request must be in writing, and specify the names of the employees making it and the date on which it was sent. It may be sent directly to the employer or to the Central Arbitration Committee.