University breached information and consultation of employees regulations

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In University of London v Morrissey, the Employment Appeal Tribunal (EAT) found that the University of London breached the Information and Consultation of Employees Regulations 2004, when it asked two recognised trade unions, whose members constituted around 25% of the workforce, to nominate employee representatives. University of London v Morrissey

Background

The Information and Consultation of Employees Regulations 2004 provide for employees to negotiate an agreement with their employer, under which the employer agrees to inform and consult those employees about economic and employment-related matters. The Regulations state that, once a valid request to negotiate an agreement has been submitted by at least 10% of employees, or the employer has given a valid notification of intention to negotiate, the employer must negotiate with employee representatives to seek to reach an agreement on information and consultation arrangements. The arrangements for an election of employee representatives must ensure that all employees are represented and have been entitled to take part in the election process.

Facts

The university recognised a need to ne