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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? Under the Information and Consultation of Employees Regulations 2004 are there any restrictions on employee requests and employer notifications?
Within three months of the date that a valid employee request to negotiate an information and consultation agreement was made, the employer must initiate negotiations to reach an agreement. In order to do this it must make arrangements for the employees to elect or appoint negotiating representatives, inform the employees in writing of the identity of these representatives and invite the representatives to enter into negotiations to reach an agreement. All the employees of the undertaking must be entitled to take part in the election or appointment, and they must all be represented during the subsequent negotiations.
The negotiations may last for up to six months, although this period can be extended without limit by agreement between the employer and a majority of the negotiating representatives. When negotiating an agreement the parties are required to work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests of both the undertaking and the employees.
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