10 per cent of a workforce could be sufficient to force employers to create
works councils and inform them on all issues affecting their employment, under
new proposals unveiled by the Government this morning.
plans, announced by trade and industry secretary Patricia Hewitt, will provide
the basis for the way the Information and Consultation Directive (ICD) will be
implemented when it becomes law for larger companies in 2005.
ICD will give staff the right to be informed and consulted on all employment
issues, such as redundancies, changes to work organisation, contractual
relations and the overall economic outlook for the industry.
that receive requests from as little as
10 per cent of staff for information and consultation arrangements will have a
period of time to negotiate a voluntary agreement. But if an agreement cannot
be reached, organisations will have to create a works council under the ICD’s
if an organisation has consultation arrangements in place already it would only
have to amend them if 40 per cent of staff backed the changes.
Emmott, employment relations expert at the Chartered Institute of Personnel and
Development, urged employers to take a proactive approach to the directive by
ensuring they have consultation arrangements in place that suit their business
in advance of the legislation.
have a choice to view this as a motivational tool, as a way to drive up
performance and morale by giving employees a voice, or to simply treat it
nominally," he said.
McCallion, HR director at software firm Intentia, said the ICD would improve
communication between management and staff.
she warned that a small number of employees could use the laws to hijack
negotiations without the backing of the majority of staff, and use the works
council to follow their own agenda.
Younson, head of employment at law firm McDermott, Will and Emery, said the ICD
was "unbelievably significant" and would change the UK’s employment
lot of employers are quite relaxed about this, but over time it will
fundamentally change the way employers deal with their staff," he said.
new provisions will be enforced by a range of means including the Central
Arbitration Committee, the employment tribunal system and the civil courts,
with a maximum fine of up to £75,000 depending on the size of the organisation.