launch of Government consultation on
information and consultation
The full detail of how information and consultation will work in practice will depend on the outcome of the consultation exercise launched today and the Governments response to it. However a basic framework agreed by the TUC and CBI is included in todays document, and the final proposals will build on this. They must also comply with the EU Directive.
The proposals will apply to undertakings that employ more than 50. They will be phased in and will cover undertakings with more than 150 staff by 2005, 100 staff by 2007, and 50 staff by 2008.
Information and consultation arrangements only need to be introduced if staff request them. The trigger will be a request made by 10 per cent of employees or 2,500 whichever is the smaller. A minimum of 15 staff will be needed in the smallest workplaces affected. This request can be made anonymously to the CAC. An employer can also seek to negotiate an agreement.
What happens next will depend on whether there is an existing agreement.
The employer must try to reach agreement with genuine employee representatives within six months. They must cover all the workforce in the undertaking and be approved by either all the employee representatives, half the workforce, or half of those voting in a ballot.
If a negotiated solution cannot be secured then the employer must introduce arrangements within six months based of a default procedure. This will require the election of employee representatives and a statutory minimum agenda of items that the reps must be informed and consulted about.
Complaints of non-compliance are made to the CAC - the body that already deals with statutory recognition. They can order the employer to start the process by arranging for election of reps. They can levy fines of up to £75,000 where there is a failure to inform or consult.
Press release (600 words) issued 7 Jul 2003
This page http://www.tuc.org.uk/workplace/tuc-6821-f0.cfm
printed 19 May 2013 at 04:20 hrs by 188.8.131.52