Under the Information and Consultation of Employees Regulations 2004 are there any restrictions on employee requests and employer notifications?
Yes. Under the Information and Consultation of Employees Regulations 2004 (SI 2004/3426), there is a three-year restriction on employee requests and employer notifications to negotiate an information and consultation agreement. This 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.