Hall, Mark
National practices of information and consultation in Europe
30 Mai 2013
The aims of this project are to explore recent experiences in the practice of information and consultation (I&C) at national level, building on the findings of the European Industrial Relations Observatory (EIRO) 2011 report entitled Information and consultation practice across Europe five years after the EU Directive (Directive 2002/14/EC). The research analysed the effects of the I&C Directive both on national I&C practice – specifically on employees, trade unions and employers’ associations, and companies (in particular, HR managers) – and on national systems of industrial relations. It also explored whether national practices ensure the adequate, effective and timely information and consultation of employees in the interests of both employers and employees.
Information and consultation case highlights corporate complexity
15 Mai 2013
A general framework for informing and consulting employees was introduced by
the EU Directive 2002/14/EC [1]. The regulations were transposed into UK law
by the Information and Consultation of Employees (ICE) Regulations 2004 [2]
(*UK0502103N* [3]). The regulations’ collective provisions are enforceable
via complaints to the Central Arbitration Committee (CAC [4]).
[1] http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Directive&an_doc=2002&nu_doc=14
[2] http://www.legislation.gov.uk/uksi/2004/3426/contents/made
[3] www.eurofound.europa.eu/ef/observatories/eurwork/articles/employee-consultation-legislation-finalised
[4] http://www.cac.gov.uk/index.aspx?articleid=2213
Prime Minister’s EU referendum pledge
25 April 2013
On 23 January 2013, the UK’s Prime Minister, David Cameron, delivered a
speech [1] setting out his views on the country’s future relationship with
the European Union. Mr Cameron is leader of the country’s Conservative
Party [2], which currently rules in coalition with the LibDems [3]. The
speech brought mixed responses of the main British employer and trade union
bodies, the Confederation of British Industry (CBI [4]) and the Trades Union
Congress (TUC [5]).
[1] http://www.number10.gov.uk/news/eu-speech-at-bloomberg/
[2] http://www.conservatives.com/
[3] http://www.libdems.org.uk/siteFiles/resources/splash.html
[4] http://www.cbi.org.uk/
[5] http://www.tuc.org.uk/
Unions censure cut in consultation period for redundancies
24 Februar 2013
In December 2012, the UK Government confirmed that it intended to make
changes to existing statutory provisions requiring consultation over
redundancies. The principal change would be to reduce the current 90-day
minimum consultation period to 45 days for large scale redundancies affecting
more than 100 employees.
Controversial ‘shares for rights’ employment status
14 Februar 2013
On 8 October 2012, the UK’s Chancellor of the Exchequer, George Osborne,
unexpectedly announced that the Conservative [1]-Liberal Democrat [2]
Coalition Government intended to establish a new type of employment status
– that of ‘employee owner’. The plan was unveiled at the Conservative
Party’s annual conference. Employee owners would receive shares in the
business they worked for, which would be exempt from capital gains tax. In
return they would forgo a series of statutory employment rights, including
protection against unfair dismissal.
[1] http://www.conservatives.com/
[2] http://www.libdems.org.uk/siteFiles/resources/splash.html
Parental leave and flexible working rights reform
07 Februar 2013
On 13 November 2012, the Conservative-Liberal Democrat Coalition government
announced its response to a consultation on ‘modern workplaces’ held in
2011 (UK1106029I [1]). It confirmed that it intended to press ahead with
proposals to reform the legislative framework for parental leave [2] and
flexible working.
[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/government-consults-on-modern-workplaces
[2] www.eurofound.europa.eu/ef/observatories/eurwork/industrial-relations-dictionary/parental-leave
Redundant Woolworths staff compensated
29 März 2012
On 19 January 2012, an employment tribunal awarded more than 24,000 former
employees of collapsed retail chain Woolworths compensation of 60 days’
pay, because the company's administrators had failed to consult unions before
making workers redundant.
Key cases highlight impact of consultation legislation
20 März 2012
The Information and Consultation of Employees (ICE) Regulations [1] first
came into effect in England, Wales and Scotland in April 2005, applying
initially to businesses with 150 or more employees (*UK0502103N* [2]). The
ICE regulations were then extended to those with 100–149 employees in April
2007, and to those with 50–99 employees in April 2008. The collective
provisions of the regulations are enforced via complaints to the Central
Arbitration Committee (CAC [3]). The Employment Appeal Tribunal (EAT [4])
hears appeals and is responsible for issuing penalty notices. Separate
arrangements apply in Northern Ireland.
[1] http://www.legislation.gov.uk/uksi/2004/3426/contents/made
[2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/employee-consultation-legislation-finalised
[3] http://www.cac.gov.uk/index.aspx?articleid=2213
[4] http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment-appeals/
Government announces employment law reforms
29 Januar 2012
On 23 November 2011, the UK coalition government announced a range of reforms
and consultations intended to reduce the impact of employment regulation on
businesses and encourage recruitment. The government confirmed its intention
to raise the qualifying period of employment before an employee can bring an
unfair dismissal claim, and introduce fees for taking cases to employment
tribunals. It also called for evidence on further potential reforms such as
introducing special measures concerning dismissals in small firms and
changing the consultation period for collective redundancies.
Public service workers strike over pension reforms
29 Januar 2012
On 30 November 2011, a coordinated 24-hour strike involving members of 30
trade unions took place across the UK to protest against proposed changes to
public sector occupational pension schemes.