Size and structure of Forum.

1. (1) The Information and Consultation Forum (in this Schedule referred to as the “Forum”) shall be composed of employees’ representatives who shall be employees of the undertaking.

(2) Employees’ representatives shall be elected in accordance with Schedule 2. In the absence of elections, the representatives shall be appointed by the employees and the basis on which any such appointment is made may, if the employees so determine, be such as is agreed by them with the employer.

(3) The employer shall arrange for the election process referred to in subparagraph (2).

(4) The Forum shall have at least 3 but not more than 30 members and may agree its own internal structures.

Rules of Procedure.

2. (1) The Forum shall adopt its own rules of procedure subject to the following:

(a) the arrangements for the meetings of the Forum shall be agreed by the employer in consultation with employees or their representatives but the employer may not unreasonably withhold consent to proposals made by employees or their representatives;

(b) the minutes of the Forum meetings with the employer shall be approved by both the employer and employees’ representatives;

(c) before any meeting with the employer, the Forum shall be entitled to meet without the employer concerned being present;

(d) without prejudice to section 14(1), (2) and (3), the members of the Forum shall inform the employees of the content and outcome of the meetings of the Forum carried out in accordance with this Schedule;

(e) the Forum shall have the right to meet with the employer twice a year. Where there are exceptional circumstances, the Forum shall have the right to request a meeting with the employer and consent to this meeting shall not be unreasonably withheld.

Competence.

3. For the purposes of these Rules, “information and consultation” includes:

(a) information on the recent and probable development of the undertaking’s activities and economic situation;

(b) information and consultation on the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular where there is a threat to employment;

(c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the European (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) and the Protection of Employment Act 1977 (as amended by the Protection of Employment Order 1996 (S.I. No. 370 of 1996) and the European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000)).

Practical arrangements for Information and Consultation.

4. (1) Information shall be given by the employer at the time, in the fashion and with the content appropriate to enable, in particular, the Forum to conduct an adequate study and, where necessary, prepare for consultation.

(2) Consultation shall take place:

(a) while ensuring that the method, content and timeframe thereof are appropriate;

(b) at the relevant level of management and representation, depending on the subject under discussion;

(c) on the basis of information supplied by the employer and of the opinion which the employees’ representatives are entitled to formulate;

(d) in such a way as to enable the Forum to meet the employer and obtain a response, and the reasons for that response, to any opinion they might form;

(e) with a view to reaching an agreement on decisions referred to in paragraph 3(c) that are within the scope of the employer’s powers.

Expenses.

5. (1) The expenses incurred in the operation of the Forum shall be borne by the employer.

(2) The employer shall provide the members of the Forum with any financial resources that are necessary and reasonable to enable them to perform their duties in an appropriate manner.