The Information and Consultation of Employees Regulations 2004

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Application

  3. PART II EMPLOYEE NUMBERS AND ENTITLEMENT TO DATA

    1. 4.Calculation of number of employees

    2. 5.Entitlement to data

    3. 6.Complaint of failure to provide data

  4. PART III NEGOTIATED AGREEMENTS

    1. 7.Employee request to negotiate an agreement in respect of information and consultation

    2. 8.Pre-existing agreements: ballot for endorsement of employee request

    3. 9.Pre-existing agreements covering groups of undertakings

    4. 10.Complaint about ballot for endorsement of employee request

    5. 11.Employer notification of decision to initiate negotiations

    6. 12.Restrictions on employee request and employer notification

    7. 13.Dispute about employee request, employer notification or whether obligation in regulation 7(1) applies

    8. 14.Negotiations to reach an agreement

    9. 15.Complaints about election or appointment of negotiating representatives

    10. 16.Negotiated agreements

    11. 17.Complaints about ballot for employee approval of negotiated agreement

  5. PART IV STANDARD INFORMATION AND CONSULTATION PROVISIONS

    1. 18.Application of standard information and consultation provisions

    2. 19.Election of information and consultation representatives

    3. 20.Standard information and consultation provisions

  6. PART V DUTY OF CO-OPERATION

    1. 21.Co-operation

  7. PART VI COMPLIANCE AND ENFORCEMENT

    1. 22.Disputes about operation of a negotiated agreement or the standard information and consultation provisions

    2. 23.Penalties

    3. 24.Exclusivity of remedy

  8. PART VII CONFIDENTIAL INFORMATION

    1. 25.Breach of statutory duty

    2. 26.Withholding of information by the employer

  9. PART VIII PROTECTIONS FOR INFORMATION AND CONSULTATION REPRESENTATIVES, ETC.

    1. 27.Right to time off for information and consultation representatives, etc.

    2. 28.Right to remuneration for time off under regulation 27

    3. 29.Right to time off: complaint to tribunals

    4. 30.Unfair dismissal

    5. 31.Subsidiary provisions relating to unfair dismissal

    6. 32.Detriment

    7. 33.Detriment: enforcement and subsidiary provisions

    8. 34.Conciliation

  10. PART IX MISCELLANEOUS

    1. 35.CAC proceedings

    2. 36.Appeal Tribunal: location of certain proceedings under these Regulations

    3. 37.Appeal Tribunal: appeals from employment tribunals

    4. 38.ACAS

    5. 39.Restrictions on contracting out: general

    6. 40.Restrictions on contracting out: Part VIII

    7. 41.Amendments to the Employment Appeal Tribunal Rules 1993

    8. 42.Crown employment

    9. 43.Exception for merchant navy

  11. Signature

    1. SCHEDULE 1

      APPLICATION OF REGULATIONS

    2. SCHEDULE 2

      REQUIREMENTS FOR BALLOTS HELD UNDER REGULATION 19

      1. Ballot arrangements

        1. 1.Ballots held under regulation 19 must comply with the requirements...

        2. 2.The requirements referred to in paragraph 1 are that—

        3. 3.Any employee or an employees' representative who believes that the...

        4. 4.Where the CAC finds the complaint well-founded it shall make...

        5. 5.An order under paragraph 4 shall specify the modifications to...

        6. 6.A person is an independent ballot supervisor for the purposes...

        7. 7.For the purposes of paragraph 3 the arrangements for the...

      2. Conduct of the ballot

        1. 8.The employer must— (a) ensure that a ballot supervisor appointed...

        2. 9.A ballot supervisor’s appointment shall require that he—

        3. 10.As soon as reasonably practicable after the date of the...

        4. 11.A ballot supervisor shall publish a report (“an ineffective ballot...

        5. 12.Where a ballot supervisor publishes an ineffective ballot report the...

        6. 13.A ballot supervisor must publish an ineffective ballot report in...

        7. 14.Where a ballot supervisor publishes an ineffective ballot report, the...

        8. 15.All costs relating to the holding of the ballot, including...

  13. Explanatory Note