If there's already an agreement
You may not need a new information and consultation agreement if there's already a valid agreement that you believe works effectively.
To be valid, the existing agreement must:
- be in writing
- cover all employees
- set out how and when you will inform and consult employees, or their representatives
- have been agreed by those employees or representatives
If more than 40% of employees request a new agreement
If more than 40% of employees make a request for a new information and consultation agreement, you must start negotiating it.
'Negotiating' means that employees and the employer (or their representatives) discuss things together to agree on:
- how informing and consulting will happen
- when it will happen
- the matters that will require consultation
If a ballot is needed
- tell employees in writing, no more than 1 month after their request, that you're going to hold a ballot
- make arrangements for the ballot quickly, but give at least 21 days' notice
All employees must be allowed to vote in the ballot.
The voting must be done in private.
If more than half of employees vote for a new agreement
You must start negotiating a new information and consultation agreement, if more than 50% of employees vote for this.
Requesting a new agreement
If employees are satisfied with the existing agreement, then another request cannot be made for 3 years from the date the request was made.
Employees can complain to the Central Arbitration Committee (CAC) if they do not agree there's a valid agreement already.