Under the Information and Consultation of Employees Regulations 2004, can employees request data regarding the number of employees in their undertaking?

Yes, an employee or employee representative can request data in order to determine the number of employees employed by the undertaking in the UK. Any such request must be in writing and dated. Employees may need this data to establish whether their undertaking is covered by the legislation. In addition, since a minimum of 2% of the employees in an undertaking must request negotiation of an information and consultation agreement, they may need the information to calculate how many employees will constitute this 2%.

The employee or employee representative may complain to the Central Arbitration Committee (CAC) if the employer fails to provide the data or if it is false or incomplete in a material way. If the CAC finds the complaint to be well founded it will make an order requiring the employer to disclose the data. Only complaints presented to the CAC after a period of one month from the date the data was requested will be considered.