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What is information and consultation?

Arrangements to inform and consult mean there's ongoing communication between employer and employees. This should involve any important developments that could affect the people who work for the organisation. Employers should tell staff what's planned ('inform') and also listen and take into account their employees' views when deciding what to do ('consult').

New rights

New employee rights to be consulted and informed about important workplace issues were introduced in April 2005. These apply to organisations with 100 or more employees, and will apply to organisations with 50 or more in April 2008.

The rights aren’t automatic. Unless your employer decides to introduce new arrangements voluntarily, employees have to ask for them. At least 10 per cent of the employees must ask, subject to a minimum of 15 employees and a maximum of 2,500 employees. Your employer can count part-time employees as full-time when working this out but doesn't have to. If you aren’t sure who counts as an ‘employee’, follow the link below.

• Who counts as an employee - find out more

A request must be in writing, stating your name and the date on which it was sent. It is also a good idea to sign it. If you want to remain anonymous you can send your request to the Central Arbitration Committee (CAC) (Industrial Court in Northern Ireland) rather than your employer.

• The Central Arbitration Committee - find out more Opens new window
• The Industrial Court - find out more Opens new window

What happens if you already have information and consultation arrangements?

Your workplace may already have arrangements that employees are happy with. In this case, there's no need to make a change.

If 40 per cent of staff ask (in writing) for new arrangements, they must be brought in. If ten per cent ask, your employer may hold a staff ballot. If less than 40 per cent vote in favour of the new arrangements, it's likely the existing arrangements will stay in place.

Agreeing new arrangements

If employees make a valid request for new information and consultation arrangements your employer must get together with employees (or their representatives) to try to reach an agreement on what, how and when employees will be consulted.

If an agreement can't be reached after a certain time period, standard provisions will act as a fall-back.

Standard provisions

These standard provisions give rights to be consulted on:

• More about the Information and Consultation Regulations from the Department for Business, Enterprise and Regulatory Reform (BERR) Opens new window
• More about Information and Consultation Regulations from the Department for Employment and Learning Northern Ireland Opens new window

Good practice

Because every organisation is different, the new rights allow for flexibility in the way employers can inform and consult. However, your employer should always try to be as open as possible - unless the information is commercially sensitive.

There are many ways for your employer to communicate with you. How they do so will depend on:

For example, information about the company's economic situation could be passed on in small group meetings with departmental managers, or a questionnaire could be sent to staff to find out what employees think about a suggested course of action.

Other ways to communicate include:

In larger organisations, it may be helpful to set up a joint consultative committee (or staff council). This helps to build trust between the employer and staff representatives and regular meetings can help make suggestions more useful and relevant.

• Read more about good practice from Acas Opens new window

Other situations where your employer must consult

When redundancies are planned

Your employer should consult with you before making you redundant. If more than 20 redundancies are planned, they must also consult representatives of the affected staff. They must say when the redundancies will happen and explain why they're happening. They must do this early enough for alternative plans to be put forward (eg redeployment or retraining). Your employer must seriously consider any alternatives before making a decision.

• Find out more about redundancy

When a business is transferred

Your employer must also consult you or your representatives if there's going to be a transfer of ownership. They must say:

• More about what happens if there's a transfer of ownership

When pension changes are proposed

From 6 April 2007, employers with at least 100 employees should consult when they are proposing to make a significant change to a work-based pension scheme. This will apply to employers with 50 or more employees in April 2008. They must provide all affected staff with:

Your employer may also consult with an employee representative. This could be your trade union representative or information and consultation representative or someone specifically appointed for the purpose. Your employer must allow at least 60 days for consultation.

• Understanding company pensions

Failure to consult

If your employer hasn't consulted staff but should have done, what action employees can take depends on the circumstances.

Information and Consultation of Employee Regulations

If your employer doesn't consult the workforce properly under the Information and Consultation of Employee Regulations, your representatives (or you) can complain to the Central Arbitration Committee (or Industrial Court). If the Committee upholds the complaint your representatives (or you) can apply to the the Employment Appeals Tribunal who can order the employer to pay a penalty of up to £75,000.

• Find out about the Central Arbitration Committee Opens new window

Redundancy and Transfer of Undertakings Regulations

Where there's a failure to consult collectively with employees in a redundancy situation or a transfer of the business, the employees affected (or their representatives) can apply to an Employment Tribunal for compensation known as a 'protective award'. This doesn't apply if your employer has just failed to consult you individually.

If your employer hasn't consulted you individually before making you redundant, this may mean that your redundancy amounts to unfair dismissal.

• More about redundancy
• Business transfers - find out more

Pension changes

Where there is a failure to consult with affected employees about relevant pension changes, you or your employee representative can complain to the Pensions Regulator.

• Pensions Regulator Opens new window

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on employment rights issues. You can call the Acas help line on 08457 474 747 from 8.00 am to 6.00 pm Monday to Friday.

• Acas Opens new window

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

• Labour Relations Agency Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

If you are a member of a trade union, you can get help, advice and support from them.

• More about trade unions

More useful links

• More about the Information and Consultation Regulations from the Department for Business, Enterprise and Regulatory Reform (BERR) Opens new window
• Detailed guidance on pensions consultation requirements from the Department for Work and Pensions (DWP) Opens new window
• Advice for employers on informing and consulting employees from Business Link Opens new window