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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? Under the Information and Consultation of Employees Regulations 2004 what requirements must an endorsement ballot satisfy?
Yes. There is no need for an employer to wait for a valid employee request in order to start the process for negotiating an information and consultation agreement under the Information and Consultation of Employees Regulations 2004 (SI 2004/3426). It may initiate the process itself by issuing notification under reg.12(1). The notification must state that the employer intends to start the negotiation process and that the notification is given for the purposes of the Information and Consultation of Employees Regulations 2004. It must also state the date on which it is issued.
The notification must be published in such a way as to bring it to the attention of all the employees in the undertaking, so far as this is reasonably practicable.
Once the employer has initiated negotiations, the negotiation process is the same as if a valid employee request had been received.
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