Information and consultation - pre-existing agreements

Under the Information and Consultation of Employees Regulations 2004 if an employer has one or more valid pre-existing agreement in place and an employee request is made by less than 40% of the workforce the employer may hold a ballot to determine whether or not the workforce endorses the request1. The table below sets out the requirements for a pre-existing agreement.

The pre-existing agreements must: Notes
Be in writing -
Cover all the employees in the undertaking There may be several different agreements so long as together they cover all the employees
Have been approved by the employees In the Government's view this could be shown by a majority in a workforce ballot, majority support expressed through signatures or the agreement of employee representatives representing a majority of the workforce
Set out how the employer is to give information to the employees or their representatives and seek their views on it There are no requirements regarding the method, frequency, timing or subject matter except that, where information about the employment situation is to be provided, it should include suitable information relating to the use of agency workers in that undertaking, which means the number of agency workers in the organisation, the parts of the organisation in which they work, and the type of work that they perform

1 This exception applies only if the request is from less than 40% of employees. Where 40% or more make the request the obligation to negotiate a new agreement applies.

Related quick reference items

Information and consultation - valid employee requests
Information and consultation - standard provisions