Information and Consultation of Employees Agreement
This Information and Consultation of Employees Agreement has been updated to include the information that employers with over 50 employees are required to give to consultation representatives regarding the agency workers that it hires under the Agency Workers Regulations 2010.
This agreement is designed to be used as a starting point for negotiations under the Information and Consultation of Employees Regulations. These Regulations have been extended to apply to all organisations employing over 50 people.
Under the Information and Consultation of Employees Regulations, any organisation with 50 or more employees has to come to an arrangement with the employees for proper information sharing and consultation procedures where 10% (minimum of 15) of the workforce request such an arrangement; alternatively the employer can start negotiations. As it is expected that the Regulations will set best practice for all employers regardless of size, this Information and Consultation Agreement has been drafted to suit the scenario where either: there has been a valid employee request; the employer has decided to open negotiations; or the Regulations do not apply but the employer wishes to comply with the spirit of them or ensure compliance where the number of employees is likely to exceed 50 in the future.
This agreement creates a works council, consisting both of employer representatives and the elected representatives of the employees, in order to ensure a forum for the simple and open flow of information and opinion. The Agreement also has full election provisions relating to the election of the consultation representatives, designed to secure an accurate and unchallenged ballot. Further there is a confidentiality clause, which emphasises that certain information may be treated as confidential in order to secure the legitimate commercial interests of the company.
This agreement contains the following clauses and schedules:
1. Definitions and Interpretation
2. Information Subject to this Agreement
3. Method of Informing and Consulting
4. Works Council
5. Consultation Representatives
Schedule 1: Consultation Representative Election Provisions
This Information and Consultation of Employees Agreement may not be suited to small companies with few employees, as it provides for the creation of a works council. In smaller organisations it may be more useful to maintain a simpler and slightly more informal structure. It is recommended that the Information and Consultation of Employees Policy is used in such situations.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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