The Information and Consultation of Employees Regulations 2004

17Regulations 39 and 40 place restrictions on contracting out of the rights provided by these Regulations.

18Regulation 42 applies the rights of employees to Crown employees (although the Regulations will only apply if they are employed an undertaking within the meaning of the Directive) and regulation 43 provides an exception for the merchant navy. A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House. This document can be obtained from the Department of Trade and Industry, Employee Involvement Team, Employment Relations Directorate, 1 Victoria Street, London, SW1H OET. It can also be downloaded from http://www.dti.gov.uk/access/ria/index.htm.

Footnotes

[^f00001]: 2004 c. 24.

[^f00002]: 1996 c. 18.

[^f00003]: OJ L 80, 23.3.2002, P29.

[^f00004]: S.I. 1999/3323.

[^f00005]: 1992 c. 52.

[^f00006]: S.I. 1981/1794; regulations 10 to 12 have been amended by the Tribunals and Inquiries Act 1992 (1992 c. 53), the Trade Union Reform and Employment Rights Act 1993 (1993 c. 19), the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 (S.I. 1995/2587), the Employment Rights (Dispute Resolution) Act 1998 (1998 c. 8), the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (S.I. 1999/ 1925) and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (S.I. 1999/2402).

[^f00007]: Section 43A of the 1996 Act was inserted by the Public Interest Disclosure Act 1998 (c. 23), section 1.

[^f00008]: Section 105 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.

[^f00009]: Section 108(1) was amended by S.I. 1999/1436, Article 3.

[^f00010]: Section 108(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.

[^f00011]: Section 109(2) has been amended on a number of occasions to specify additional cases where the upper age limit does not apply.

[^f00012]: Sections 48 and 49 were amended respectively by sections 1(2)(b) and 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); there have been other amendments not relevant to these Regulations.

[^f00013]: 1996 c. 17. Section 18(1) has been amended on a number of occasions to specify additional proceedings and claims to which the section applies.

[^f00014]: Section 21(1) has been amended on a number of occasions to add additional proceedings.

[^f00015]: 1990 c. 41.

[^f00016]: S.I. 1993/2854, amended by S.I. 1996/3216, 2001/1128 and 2004/2526.

Ballot arrangements

Conduct of the ballot

Editorial notes

[^c5404871]: 2004 c. 24.

[^c5404881]: 1996 c. 18.

[^c5404891]: OJ L 80, 23.3.2002, P29.

[^c5404901]: S.I. 1999/3323.

[^c5404911]: 1992 c. 52.

[^c5404931]: Section 43A of the 1996 Act was inserted by the Public Interest Disclosure Act 1998 (c. 23), section 1.

[^c5404941]: Section 105 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.

[^c5404951]: Section 108(1) was amended by S.I. 1999/1436, Article 3.

[^c5404961]: Section 108(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.

[^c5404971]: Section 109(2) has been amended on a number of occasions to specify additional cases where the upper age limit does not apply.

[^c5404981]: Sections 48 and 49 were amended respectively by sections 1(2)(b) and 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); there have been other amendments not relevant to these Regulations.

[^c5404991]: 1996 c. 17. Section 18(1) has been amended on a number of occasions to specify additional proceedings and claims to which the section applies.

[^c5405001]: Section 21(1) has been amended on a number of occasions to add additional proceedings.

[^c5405021]: S.I. 1993/2854, amended by S.I. 1996/3216, 2001/1128 and 2004/2526.

[^key-bdbb2444e3ba52f3cc32a4b43138ee05]: Reg. 17A inserted (6.4.2006) by The Information and Consultation of Employees (Amendment) Regulations 2006 (S.I. 2006/514), regs. 1(1), 4

[^key-01499f0801d3921495664af3e11fca3b]: Words in reg. 2 inserted (6.4.2006) by The Information and Consultation of Employees (Amendment) Regulations 2006 (S.I. 2006/514), regs. 1(1), 3

[^key-c5003bea07fa72782bc8ffa950fed005]: Word in reg. 20(5)(a) omitted (6.4.2006) by virtue of The Information and Consultation of Employees (Amendment) Regulations 2006 (S.I. 2006/514), regs. 1(1), 5(a)

[^key-9c8e36f5694bd554422c8d25c2485073]: Reg. 20(5)(c) and word inserted (6.4.2006) by The Information and Consultation of Employees (Amendment) Regulations 2006 (S.I. 2006/514), regs. 1(1), 5(b)

[^key-73fa69fb752f06ef647924cbe5b9f015]: Words in reg. 20(5) substituted (6.4.2006) by The Information and Consultation of Employees (Amendment) Regulations 2006 (S.I. 2006/514), regs. 1(1), 5(c)

[^key-39a2593d057b3547fbf5391660aa8978]: Words in reg. 20(1)(c)(ii) substituted (1.10.2006) by The Transfer of Undertakings (Protection of Employment) (Consequential Amendments) Regulations 2006 (S.I. 2006/2405), regs. 1(2), 2

[^M_F_9edef66d-2e5b-4440-adf0-92343c626e96]: Words in reg. 20(5)(b) substituted (1.10.2006) by The Transfer of Undertakings (Protection of Employment) (Consequential Amendments) Regulations 2006 (S.I. 2006/2405), regs. 1(2), 2

[^key-a7acccd72acd1527336c2f9afd573106]: Words in reg. 40(8) substituted (16.12.2009) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(2), 22, Sch. 1

[^key-5d24f2b485a2868fe6e3a4f5f9e3b34d]: Words in reg. 40(7)(a) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 23, Sch. 2

[^key-dd5236ce48c093dd220b0b3bed3332f8]: Reg. 3A inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 23

[^key-3992b49281f0c9da734da003dc8edb76]: Reg. 8A inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 24

[^key-24d4bde8b0e8a0626ab0f4e01468211c]: Words in reg. 2 inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 22(a)

[^key-b4923f6a401ef7f33180cc1d95ce34d2]: Words in reg. 2 inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 22(b)

[^key-a1000dd0f653cb4dcab830c384aa3fea]: Word in reg. 16(1)(e) omitted (1.10.2011) by virtue of The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 25

[^key-62218ff107cf86154594eedee491623a]: Reg. 16(1)(g) and preceding word added (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 26

[^key-ea6e21d499a3ca5eabb36cd07c66a8cb]: Words in reg. 20(1)(b) inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 27

[^key-0eda106c4d4fe17601e43669f72b3cac]: Word in reg. 40(3) substituted (30.8.2013) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2013 (S.I. 2013/1956), art. 1, Sch. para. 9

[^key-ff56c9d9f117bb4139578116cfddebe4]: Word in reg. 40(4) substituted (30.8.2013) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2013 (S.I. 2013/1956), art. 1, Sch. para. 9

[^key-f2e1bf6e88bc9d59ae87a1913e2281f2]: Reg. 29A inserted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 34

[^key-01285c162573ff5a087f611540df0585]: Reg. 29(2A) inserted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 33

[^key-58e1273b294ded5c4ee0933aad69ce09]: Words in reg. 40(2) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 35

[^key-514acccc1e651a414834cdd87aec9dde]: Reg. 43 omitted (13.4.2018) by virtue of The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018 (S.I. 2018/407), regs. 1(1), 4(2)

[^key-be4f8e0713fccd1415d2c8efcfe78a7a]: Word in reg. 5(3)(b) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 16(2)

[^key-d79c282925087c1bd3d4953862fd00fa]: Word in reg. 7(2) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 16(3)

[^key-3f429c1dc0a40b69fca14f4af6674461]: Word in reg. 7(3) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 16(3)

Negotiated agreements and listed changes to pension schemes

17A

• (1) A requirement in any negotiated agreement or any part of such an agreement made before 6th April 2006 to inform and consult employees or their representatives about a listed change shall cease to apply once—

• (a) the employer is under a duty under any of regulations 7(3) and 11 to 13 of the Pension Schemes Regulations; and

• (b) he has notified the information and consultation representatives or, where he must consult employees directly, the employees in writing that he will be complying with his duty under the provisions of the Pension Schemes Regulations referred to in sub-paragraph (a), instead of his obligations under the negotiated agreement, provided that the notification is given on each occasion on which the employer has become or is about to become subject to the duty.

• (2) For the purposes of this regulation “listed change” has the meaning given by regulation 6(2) of the Pension Schemes Regulations.

Agency Workers

3A

• (1) Paragraphs (2) and (3) apply to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment.

• (2) For the purposes of regulations 3, 4 and Schedule 1, any agency worker who has a contract with a temporary work agency shall be treated as being employed by that temporary work agency for the duration of that agency worker’s assignment with the employer.

• (3) In these Regulations “assignment” has the same meaning as in regulation 2 and “temporary work agency” has the same meaning as in regulation 4, of the Agency Workers Regulations 2010.

Pre-existing agreements: agency workers

8A

Where information about the employment situation is to be provided under a pre-existing agreement by an employer, such information must include suitable information relating to the use of agency workers (if any) in that undertaking.

Pre-existing agreements covering groups of undertakings

Complaint about ballot for endorsement of employee request

Employer notification of decision to initiate negotiations

Restrictions on employee request and employer notification

Dispute about employee request, employer notification or whether obligation in regulation 7(1) applies

Negotiations to reach an agreement

Complaints about election or appointment of negotiating representatives

Negotiated agreements

Complaints about ballot for employee approval of negotiated agreement

Negotiated agreements and listed changes to pension schemes

Extension of time limit to facilitate conciliation before institution of proceedings

29A

• (1) In this regulation—

• (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

• (2) In working out when the time limit set by regulation 29(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (3) If the time limit set by regulation 29(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (4) The power conferred on the employment tribunal by regulation 29(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Unfair dismissal

Subsidiary provisions relating to unfair dismissal

Detriment

Detriment: enforcement and subsidiary provisions

Conciliation