2. Information and Consultation The EU Information & Consultation Directive

3. Overview establishes general framework for right of employees to information and consultation involving employee representatives affects undertakings with 50+ or establishments with 20+ employees, depending on member states’ decision requires employer to inform/consult on: - business developments - employment developments - substantial changes in work organisation practical arrangements to be defined in accordance with national law and industrial relations practice

4. Overview (continued) scope for agreed alternative arrangements confidentiality safeguards adequate protections and guarantees for employee representatives ‘effective, proportionate and dissuasive’ enforcement measures

5. Underlying principles serious decisions affecting employees being taken and made public without informing and consulting them need to strengthen dialogue and promote mutual trust to improve risk anticipation, make work organisation more flexible and facilitate access to training, while maintaining security particular need to promote information and consultation on situation/ likely development of employment … to offset negative developments … and increase employability and adaptability of affected employees timely information and consultation a prerequisite for success of restructuring and adaptation to conditions created by globalisation, particularly through development of new forms of work organisation further development of the internal market must be properly balanced, maintaining the essential values on which our societies are based and ensuring that all citizens benefit from economic development.

6. Definitions ‘information’ means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it; ‘consultation’ means the exchange of views and establishment of dialogue between the employees' representatives and the employer

7. Practical arrangements Information and consultation shall cover: (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation; (b) information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment; (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation

8. Practical arrangements (continued) Consultation shall take place: (a) while ensuring that the timing, method and content thereof are appropriate; (b) at the relevant level of management and representation, depending on the subject under discussion; (c) on the basis of information supplied by the employer in accordance with the definition (see earlier slide) and of the opinion which the employees' representatives are entitled to formulate; (d) in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; (e) with a view to reaching an agreement on decisions within the scope of the employer's powers

9. Timetable members states to comply by March 2005 transitional arrangements for Ireland and UK because no ‘general, permanent and statutory’ system 6 April 2005 undertakings with 150+employees 6 April 2007 undertakings with 100+ employees 6 April 2008 undertakings with 50+ employees NB reflects UK government’s choice of ‘undertakings’ and April as one of two dates for implementing new legislation

10. Further sources of information Acas helpline Acas website DTI website National Minimum Wage Equality Direct 08457 47 47 47 www.acas.org.uk www.dti.gov.uk/er 08457 6000 678 08456 00 34 44