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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? Under the Information and Consultation of Employees Regulations 2004 can an employer initiate the process for negotiating an information and consultation agreement?
Yes. A three-year restriction on employee requests and employer notifications applies from the date of a negotiated agreement; from the date on which the fallback rules started to apply; or, where a pre-existing agreement is in place, from the date of a valid employee request that was not endorsed by a workforce ballot. This is to prevent the unilateral overturning of a negotiated agreement, the fallback rules or a pre-existing agreement. However, within this period the parties could agree to terminate a negotiated or pre-existing agreement or to adopt an agreement in place of the fallback provisions.
If within the period there are material changes that mean that a pre-existing agreement no longer covers all the employees in the undertaking or can no longer be considered to be approved by the employees, or that a negotiated agreement no longer covers all the employees in the undertaking, the three-year moratorium does not apply.
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