For the purposes of the Information and Consultation of Employees Regulations 2004 what are the fallback provisions?

The fallback provisions under the Information and Consultation of Employees Regulations 2004 (SI 2004/3426) will apply where attempts to reach a negotiated agreement have failed within a six-month period or where the employer is under a duty to initiate negotiations for an information and consultation agreement and fails to do so.

Under the fallback provisions an information and consultation committee must be established, made up of one elected representative for every 50 employees, up to a maximum of 25 representatives.

The employer must provide information on:

  • the recent and probable developments of the undertaking's activities and economic situation;
  • the situation, structure and probable development of employment within the undertaking (including suitable information relating to the use of agency workers (if any) by the undertaking) and on any anticipatory measures envisaged, in particular where there is a threat to employment, for example a potential redundancy situation;
  • decisions likely to lead to substantial changes in work organisation including large-scale redundancies and transfers covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

The employer must also consult on matters in the latter two categories.