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Consultation
Information and consultation - Strategy optionsDeciding the right strategy for your organisation...
1. Amend or introduce an information & consultation procedure in advanceThe regulations take account of pre-existing agreements. To be valid, an agreement would need to:
- be in writing and dated
- cover all employees
- set out the circumstances in which the employees will be informed and consulted
- be approved by employees(click to balloting services).
A valid pre-existing agreement would need to be overturned by a vote of 40% or more of the workforce in a ballot.
Scenarios
You believe there to be a low risk of a claim for an information and consultation procedure being initiated.
...Decide on a good practice approach and implement a new model of information and consultation to gain competitive advantage.
You believe there is a medium risk of a claim for an information and consultation procedure being initiated in a company with a low trade union population e.g. from TUPE transfers.
...Decide to put new directly elected models in place.
You believe there is a medium risk of a claim for an information and consultation procedure being initiated in a company with a declining legacy trade union population.
...Decide to put new directly elected model in place or new parallel structures
You believe there is a medium risk of a claim for an information and consultation procedures being initiated in a company with a strong legacy union population in some parts of the business, but low membership elsewhere.
...Decide to amend I&C arrangements on tactical grounds.
Some companies with union relationships see them as the cornerstone of any new expanded model.
2. Assume the new regulations will have a low impact and proceed accordinglyIf neither employees, nor the employer, take the initiative to start a negotiation on implementing an I&C procedure, no immediate action needs to be taken.
Monitor the situation and keep abreast of developments and best practice via the IPA news service, publications and database.
Scenario
You believe there to be a low risk of a claim for an information and consultation procedure being initiated.
...Decide to take no action
Some companies with strong legacy union population in most of the business are leaving existing arrangements intact.
3. Wait to negotiate an information and consultation agreement post-directiveIf 10% of employees, or the employer, request negotiations on an I&C Procedure, a suitable agreement must be reached within the statutory timeframe of 6 months (subject to mutually agreeable extensions).
If agreement cannot be reached, default standard provisions set out in the regulations will apply automatically.
Want more information? Call Derek Luckhurst on 020 7354 8040 or click here
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