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