If an agreement cannot be reached
If there is no negotiated information and consultation agreement within 6 months of representatives being chosen, by law your employer must:
- Set up a group, known as an 'information and consultation committee'. They must do this before the 6 months have passed.
- Consult with your representatives on matters relating to your employment prospects and any decisions affecting how the business is organised, including redundancies.
Setting up an information and consultation committee
The committee must have:
- at least 1 employee representative for every 50 employees, for example if there are 51 employees there must be 2 employee representatives
- no more than 25 employee representatives
Representatives must be chosen through an employee ballot (vote). All employees are allowed to vote.
The employer must appoint someone to supervise how the ballot is carried out and make sure it's done fairly.
The employer is allowed to use separate ballots for different parts of the business.
Consulting on employment prospects and decisions affecting how the business is organised
Your employer must inform your representatives of 'recent and probable activities and its economic situation', such as any changes the business plans to make and its financial performance.
They must also inform and consult with you on:
- your employment prospects, such as potential job losses and how the business uses agency workers
- decisions that might lead to changes in work organisation or in employment contracts, including TUPE transfers and collective redundancies
Your employer must inform and consult with you in a way that:
- is ‘appropriate in terms of timing, method and content’, for example sharing information with your representatives early enough so they can fully consider the matter and respond to it
- ensures your representatives work with the appropriate level of management who are able to speak for the business or organisation and take actions forward
- provides reasoned responses to any questions or views from your representatives
- seeks to reach agreement on decisions within their powers, on matters relating to a potential TUPE transfer or collective redundancies
Your employer must inform you of how many agency workers both:
- work temporarily for the employer
- are under the employer’s supervision and direction
They must also inform you of:
- the parts of the business or organisation the agency workers are employed in
- the types of work the agency workers do
You can complain to the CAC if you think your employer has not handled any part of the negotiations properly.
You can also complain to the CAC if you believe: