Employees (Provision of Information and Consultation) Act 2006

15

Dispute resolution.

15.— (1) Disputes between an employer and one or more employees or his or her representatives (or both) concerning:

( a) negotiations under section 8 or 10 ,

( b) interpretation or operation of any agreement under section 8 or 9 ,

( c) interpretation or operation of the Standard Rules under section 10 (as set out in Schedule 1 ) or the procedures for election of employees’ representatives (as set out in Schedule 2 ), or

( d) interpretation or operation of a system of direct involvement under section 11 ,

may, subject to subsection (2), be referred by the employer, one or more than one employee or his or her representatives (or both) to the Court for investigation.

(2) Such a dispute may be referred to the Court only after—

( a) recourse to the internal dispute resolution procedure (if any) in place in the employment concerned has failed to resolve the dispute, and

( b) the dispute has been referred to the Commission which, having made available such of its services as are appropriate for the purpose of resolving the dispute, furnishes a certificate to the Court stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute.

(3) Having investigated a dispute under subsection (1), the Court may make a recommendation in writing giving its opinion in the matter.

(4) Where, in the opinion of the Court, a dispute that is the subject of a recommendation under subsection (3) has not been resolved, the Court may, at the request of—

( a) an employer, or

( b) one or more employees or their representatives (or both),

and, following a review of all relevant matters, make a determination in writing.

(5) Disputes between an employer and one or more than one employee or his or her representatives (or both) concerning—

( a) instances where the employer refuses to communicate information or undertake consultation under section 14(4) or (5),

( b) instances where the employer discloses information to an individual to whom section 14(1) applies subject to the condition that the information is not to be disclosed to a third party due to its confidential nature, or

( c) instances where an individual to whom section 14(1) applies discloses information, which in the legitimate interest of the undertaking has been expressly provided to him or her in confidence, to employees or to third parties not subject to a duty of confidentiality,

may be referred by the employer, one or more employees or his or her representatives (or both) to the Court for determination.

(6) As regards a dispute referred to it under subsection (1) or (5), the Court shall—

( a) give the parties an opportunity to be heard by it and to present any evidence relevant to the dispute,

( b) make a recommendation or, as the case may be, determination in writing in relation to the dispute, and

( c) communicate the recommendation or, as the case may be, determination to the parties.

(7) The following matters or procedures to be followed in relation to them, shall be determined by the Court, namely:

( a) the procedure in relation to all matters concerning the initiation and hearing by the Court of a dispute under this section;

( b) the times and places of hearings of such disputes;

( c) the publication and notification of recommendations and determinations of the Court;

( d) any matters consequential on, or incidental to, the matters referred to in paragraphs (a) to (c).

(8) In deciding what constitutes confidential information, the Court may be assisted by a panel of experts.

(9) A party to a dispute under this section may appeal from a determination of the Court to the High Court on a point of law and the decision of the High Court shall be final and conclusive.

(10) The Court may refer a question of law arising in proceedings before it under this section to the High Court for determination and the decision of the High Court shall be final and conclusive.