What are the standard Information and Consultation provisions?

There is a set of minimum provisions, which will automatically apply where there has been a failure to negotiate an agreement in the normal time limit. These provisions need to be implemented within six months.

An Information and Consultation Representative should be elected for every 50 employees. There will be a minimum of two representatives and a maximum of 25.

The employer should keep the elected representatives informed on the recent and probable future development of the organisation's activities and economic situation. They should also be kept informed and consulted on:

  • the situation, structure and probable development of employment within the organisation and any measures which might be taken in anticipation of developments, in particular, where there is a risk of redundancies within the organisation; and
  • decisions likely to lead to substantial changes in work organisation or in contractual relations, including decisions covered by the existing legislation on collective redundancies and transfers of undertakings (i.e. organisations).

Any information "must be given at such time, in such fashion and with such content as to enable, in particular, the information and consultation representatives to conduct an adequate study and where necessary, to prepare for consultation."

Where employers already have a duty to inform and consult a workplace trade union or other employee representatives under existing statutory provisions on collective redundancies and transfers of undertakings, they do not need to consult Information and Consultation Representatives as well, provided they inform them that they will be consulting under separate redundancy or transfers legislation instead.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.