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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? Under the Information and Consultation of Employees Regulations 2004 when is an employer required to initiate negotiations in respect of an information and consultation agreement? What constitutes a valid employee request to negotiate an information and consultation agreement? Can employees make anonymous requests to negotiate an information and consultation agreement? For the purposes of the Information and Consultation of Employees Regulations 2004 what constitutes a pre-existing agreement? Under the Information and Consultation of Employees Regulations 2004 in what circumstances can an employer hold a ballot seeking endorsement of an employee request?
An employer is required to make such arrangements for the ballot as are reasonably practicable to ensure that it is fair. Anyone who is an employee of the undertaking on the day of the ballot, or, where it is to be held on more than one day, the first day of the ballot, must be entitled to vote in it, and to do so in secret so far as is reasonably practicable. The employer must then ensure that the votes are counted accurately and that the employees are informed as soon as reasonably practicable of the result.
The employee request will be regarded as having been endorsed if at least 40% of employees in the undertaking and the majority of those taking part in the ballot vote in favour of endorsing it. If the request is endorsed the employer must initiate negotiations in respect of a new information and consultation agreement. This does not necessarily mean that the pre-existing agreement will no longer stand - for example if the pre-existing agreement is a collective agreement with a trade union it will continue in force. It will, however, mean that the pre-existing agreement does not suffice under the employer's obligation to negotiate an information and consultation agreement under the Information and Consultation of Employees Regulations 2004.
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