Employees (Provision of Information and Consultation) Act 2006

11

Direct involvement.

11.— (1) In relation to sections 8 and 9 , an employee may exercise his or her right to information and consultation under section 3 either directly or by means of his or her representatives elected or appointed for that purpose.

(2) Subject to subsection (3) and where a system of direct involvement is in operation for the whole or part only of the undertaking concerned, in order to be represented by his or her representatives at least 10 per cent of employees for whom the direct involvement system operates are required to make a written request to the employer, the Court or a nominee of the Court seeking to exercise the right to information and consultation through employees’ representatives.

(3) The minimum requirement of 10 per cent of employees of the undertaking provided for in subsection (2) is subject to the approval of the majority of employees to whom the direct involvement system applies.

(4) For the purposes of subsection (3), a request to change from a system of direct involvement to a system of representation through employees’ representatives shall be regarded as having been approved by the employees for whom the direct involvement system operates where a majority of those employees who cast a preference are in favour of the change.

(5) The employer shall ensure that the procedure for the casting of a preference referred to in subsection (4) is confidential and capable of independent verification and of being used by all employees.

(6) On receipt of a request under subsection (2) which is approved under subsection (3), an employer shall arrange for the election or appointment of representatives by the employees.