The Information and Consultation of Employees Regulations (Northern Ireland) 2005

Application of standard information and consultation provisions

18.—(1) Subject to paragraph (2) –

(a) where the employer is under a duty, following the making of a valid employee request or issue of a valid employer notification, to initiate negotiations in accordance with regulation 14 but does not do so, the standard information and consultation provisions shall apply from the date –

(i) which is six months from the date on which the valid employee request was made or the valid employer notification was issued; or

(ii) information and consultation representatives are elected under regulation 19,

whichever is the sooner; and

(b) if the parties do not reach a negotiated agreement within the time limit referred to in regulation 14(3) (or that period as extended by agreement under paragraph (5) of that regulation) the standard information and consultation provisions shall apply from the date –

(i) which is six months from the date on which that time limit expires; or

(ii) information and consultation representatives are elected under regulation 19,

whichever is the sooner.

(2) Where the standard information and consultation provisions apply, the employer and the information and consultation representatives elected pursuant to regulation 19 may, at any time, reach an agreement that provisions other than the standard information and consultation provisions shall apply.

(3) An agreement referred to in paragraph (2) shall only have effect if it covers all the employees of the undertaking, complies with the requirements listed in regulation 16(1)(a) to (c), (e) and (f) and is signed by a majority of the information and consultation representatives.