What is the extent of the application of the Information and Consultation of Employees Regulations 2004?

The Information and Consulation of Employees Regulations 2004 (SI 2004/3426) apply to undertakings that employ 50 or more employees in the UK, and whose registered office, head office or principal place of business is situated in Great Britain.

The Regulations define an "undertaking" as a public or private undertaking carrying out an economic activity, whether or not it is operating for gain. In Moyer-Lee and others v Cofely Workplace Ltd [2015] IRLR 879 EAT, the Employment Appeal Tribunal (EAT) held that "undertaking" for these purposes means a legal entity, namely the employer, capable of entering into a contract of employment. It should not be construed as a grouping smaller than the legal employer of the relevant employees, or an organisation of workers, such as a department or division.