Consultation and information

Employers are bound by information and consultation requirements in employment law. The Companies (Miscellaneous Reporting) Regulations 2018 requires directors of businesses with more than 250 employees to detail their employee engagement efforts annually in a ‘Section 172 Statement’. From 1st January 2019 premium equity-listed companies were required to establish and report on their method of engagement with the workforce under the revised UK Corporate Governance Code 2018. Employers must inform and consult employees under the following legal provisions:

  • Collective redundancies -  Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992), ss.188-198 & Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations SI 1999/1925]
  • Transfer of Undertakings (TUPE) -  Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 (SI 2006/246) reg 13-16.
  • Health and Safety - Health and Safety (Consultation with Employees) Regulations 1996
  • Part-time Workers - Part-time Workers Directive 97/81/EC (OJ 1997 L 14/20).
  • Fixed-term workers - Fixed-term Workers Directive 1999/70/EC (OJ 1999 L175/10).
  • Agency Workers - Temporary Agency Workers Directive 2008/104/EC (OJ 2008 L327/5).

General rights to information and consultation are provided  by the Information and Consultation of Employees Regulations 2004. Supranationally, information and consultation rights are provided by the Transnational Information and Consultation of Employees Regulations 1999(TICER 1) Enterprises adopting the European Company Statute, European Cooperative Society Statute or in cross-border mergers must involve employees through information and consultation and participation in the supervisory board or board of directors. See also Employee Representative Guide for non-union workplaces, How to form a staff association or trade union