5.— (1) In determining whether employees are employed in an undertaking that meets a relevant workforce threshold, the number of employees in the undertaking shall be reckoned by calculating the average number of employees employed in the undertaking during the 2 years before the date that a request is—

(a) made under subsection (2),

(b) received under subsection (4) by the Court or a nominee of the Court, or

(c) received under section 7 by the employer, the Court or a nominee of the Court.

(2) Without prejudice to subsection (4), following a request from one or more employees or employees’ representatives (or both), the employer shall provide details of the number of employees in the undertaking during the period referred to in subsection (1) to those employees or employees’ representatives (or both) not later than 4 weeks from the date of receipt of that request (but that period of 4 weeks may be extended by agreement between the parties).

(3) If the undertaking has been in existence for less than 2 years, the period of 2 years referred to in subsection (1) shall be replaced by the period the undertaking has been in existence.

(4) One or more employees may request the Court or a nominee of the Court to make the request referred to in subsection (5) of the employer and to do the other things mentioned therein.

(5) Where a request under subsection (4) is received by the Court or a nominee of the Court, the Court or the nominee shall—

(a) notify the employer as soon as is reasonably practicable that a request under that subsection has been made,

(b) request from the employer details of the numbers of employees in the undertaking during the period referred to in subsection (1), and

(c) issue a written notification to the employee or employees who made the request under subsection (4) confirming the number of employees in the undertaking during the period concerned.

(6) Where the Court or its nominee requests information from the employer under subsection (5)(b), the employer shall provide the information requested not later than 4 weeks from the date of receipt of that request (but that period of 4 weeks may be extended by agreement between the employer and the Court or its nominee).

(7) If the number of employees for the time being in an undertaking falls below the relevant workforce threshold and remains below the threshold for 12 months, then, at the request of the employer or a majority of the employees, the Information and Consultation Forum established under section 10 shall stand dissolved unless both parties agree to its continuation.