Employees (Provision of Information and Consultation) Act 2006

10

Standard rules on information and consultation.

10.— (1) Where—

( a) the parties agree to adopt the Standard Rules set out in Schedule 1 and the procedures for the election of employees’ representatives set out in Schedule 2 ,

( b) the employer refuses to enter into negotiations within 3 months of receiving the written request from employees as provided for under section 7(1) or of the date of receipt of notification by the employer under section 7(3)(c) , or

( c) the parties to the negotiations cannot agree to the establishment of an information and consultation arrangement within the time limit specified in section 7(6) and section 7(7) ,

the Standard Rules shall apply to the undertaking and an Information and Consultation Forum shall be established.

(2) Subject to section 14(4) and (5), where the Standard Rules apply to an undertaking, the employer shall as soon as practicable, but not later than 6 months after they first become applicable, comply with the requirements of the Standard Rules.

(3) After a minimum initial period of 2 years from the establishment of the Information and Consultation Forum and thereafter on a basis agreed by both parties, the application of the Standard Rules to an undertaking may be reviewed by the Information and Consultation Forum and the employer, and both parties may enter into negotiations for the purpose of changing the rules or procedures for that Forum and may change those rules or procedures accordingly.

(4) If the terms of a negotiated agreement are not approved in accordance with section 8(3) , the Standard Rules shall not apply until 2 years have passed.

(5) Where, during the period of 2 years referred to in subsection (4), the parties seeking to approve a negotiated agreement re-enter negotiations and approve a negotiated agreement the Standard Rules shall not apply.