Consultation Framework
July 7 2003 -
The government is required to implement the EU Directive on Information and Consultation. The Directive takes effect for
firms with 150 employees or more in 2005, those with 100 or more in
2007, and those with 50 or more in 2008. Following the publication of a discussion paper, High Performance Workplaces: The role of Employee Involvement in
a modern economy in July 2002, the DTI has now agreed a framework with the TUC and CBI.
The agreed framework for implementing the directive is intended
to avoid riding roughshod over existing arrangements
between employers and employees. It also takes account of the wide range
of existing arrangements in the UK by:
- facilitating voluntary agreements, rather than laying down
detailed 'one size fits all' rules that apply to everyone;
- allowing pre-existing agreements to continue if they have both workforce and
employer approval;
- ensuring that arrangements which have been agreed with the workforce cannot be
overturned by a small minority of employees.
Employees will be able to request information and consultation
arrangements from their employer if they can present a petition from 10% of the
workforce. This would be followed by a period of time for negotiating a
voluntary agreement. But if arrangements are already in
place that have been agreed with employees, the employer may ballot
the workforce to see if they endorse the request for new arrangements.
Only if at least 40% of employees endorse the request for new
arrangements would the existing ones have to be changed.
Organisations will be able to agree with their employees the
information and consultation arrangements that best suit their needs
and circumstances. Where no agreement is reached by negotiation,
standard provisions would apply, based on the requirements in the
Directive.
Enforcement of the provisions will be by a range of bodies such as
the Central
Committee, Employment Tribunals and the civil
courts. Sanctions for companies who break the rules will involve a
mix of remedies based on specific performance orders and financial
penalties of up to £75K depending on the size of the firm and other
factors.
Trade and Industry Secretary, Patricia Hewitt, said:
"I want these changes to lead to a "no surprises" culture at work
where employers and employees discuss common ground and find
solutions to mutual problems. I want to see an end to the climate
where people only hear about job losses from the media, over their
breakfasts.
"We have reached this agreement with the CBI and TUC through
constructive dialogue and discussion. It's exactly the spirit in
which we all want new rules on information and consultation to
operate in workplaces across Britain." CBI Director General, Digby
Jones, said:
"The Government has made sense of a poor piece of EU legislation. It
has protected good consultation, which matters so much to employers
and employees. It has also avoided overly rigid rules and damaging
one-size-fits-all solutions."
TUC General Secretary, Brendan Barber, said:
"Information and consultation rights are good for both employees and
business. These proposals are all about building trust, respect and
partnership in the workplace, a crucial ingredient in closing the
UK's productivity gap."
Chair Rita Donaghy welcomed the new framework:
" has for many years promoted the importance of good
communication and effective employee involvement. Ensuring that
everyone has a say in decisions that affect them is the basis for
building better relationships within workplaces.
"Effective employee involvement is also a key to good decision making,
smooth management of change and organisational improvement. Our most
successful workplace projects combine the joint development of
arrangements with a real commitment from managers and employees to
improved information flows and consultation arrangements.
"No two workplaces are identical and so no single model of information
and consultation will apply. But recent research carried out with our
own specialist advisers has been valuable in identifying a set of
principles to ensure arrangements are effective and sustainable. Key
elements for success include commitment from senior managers and
employees, training and a focus on issues of real concern.
"Drawing on our practical experience in setting up information and
consultation processes, we look forward to playing an active role in
helping organisations to respond to these new requirements. The
report itself highlights the wide-ranging role we can play through
providing training, advice and guidance on best practice.
"I welcome the way in which the TUC and CBI have worked together to
agree the framework for implementing the Directive. As Chair of a
body that fully recognises the importance of the joint involvement of
employer and employee representatives, this gives me particular
pleasure."
See the Work Foundation's comments at
.
The consultation document High Performing Workplaces: Informing
and consulting employees is available on the
The consultation closes on 7 November 2003.
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Employee Relations
