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The Department of Trade and Industry (DTI) has issued revised draft regulations and guidance notes for the introduction of the European Information and Consultation Directive (ICD).
Under European law, arrangements for informing and consulting UK employees in companies with more than 150 staff must be in force by 23 March 2005.
Under the terms of the ICD, staff have a right to be informed about the business' economic situation and important changes in the company if at least 10 per cent of employees request it.
The DTI is consulting on the draft guidance which aims to clearly explain the new law and meet demands for a brief overview with links to more detailed information for those with specific questions.
The guide is being published in response to last year's consultation seeking views on key implementation issues. The closing date for responses is 22 October.
The new draft regulations deal with many of the detailed issues that the previous draft failed to deal with, such as:
- whether the agreements can cover more than one group company
- the possibility of an overlap with existing transfer of undertakings and redundancy collective consultation laws
- whether arrangements can be put in place by collective agreement
- the time allowed from the 'trigger' request to the start of negotiations being increased from one month to three months
- requests that count towards the 'trigger' threshold now only being valid for six months.
Juliet Carp, employment lawyer at law firm Speechly Bircham, said it was unclear whether the draft regulations will be the 'final' regulations, or whether there will be further changes, as they must still be debated in the House of Lords and the Commons.
“Employers will just have to do the best they can with the existing draft,” she said.
Martin Warren, partner at law firm Eversheds said: “The long-awaited revised regulations for information and consultation should be welcomed by UK employers as it clarifies exactly what is expected of them in the future in terms of employee consultation.
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