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.
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.