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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What are the requirements of the Information and Consultation of Employees Regulations 2004? Do the obligations under the Information and Consultation of Employees Regulations 2004 apply automatically? What is the extent of the application of the Information and Consultation of Employees Regulations 2004? To which organisations do the Information and Consultation of Employees Regulations 2004 apply? For the purposes of the Information and Consultation of Employees Regulations 2004 how is the number of employees in an undertaking calculated? Under the Information and Consultation of Employees Regulations 2004 can employees request data regarding the number of employees in their undertaking?
A valid employee request will usually trigger a requirement for the employer to initiate negotiations in respect of an information and consultation agreement. However, if an employee request is made by fewer than 40% of employees and the employer already has a valid pre-existing agreement in place, instead of initiating negotiations it may hold a ballot to determine whether the workforce endorses the request. If the workforce endorses the request, or if the employer decides not to hold this ballot, the employer is required to initiate negotiations in respect of a new agreement. If the workforce does not endorse the request in the ballot then the pre-existing agreement will continue.
Employers may also initiate the process themselves without waiting for an employee request.
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