The Information and Consultation of Employees Regulations 2004

Negotiated agreements E+W+S

16.—(1) A negotiated agreement must cover all employees of the undertaking and may consist either of a single agreement or of different parts (each being approved in accordance with paragraph (4)) which, taken together, cover all the employees of the undertaking. The single agreement or each part must—

(a) set out the circumstances in which the employer must inform and consult the employees to which it relates;

(b) be in writing;

(c) be dated;

(d) be approved in accordance with paragraphs (3) to (5);

(e) be signed by or on behalf of the employer; F1 ...

(f) either—

(i) provide for the appointment or election of information and consultation representatives to whom the employer must provide the information and whom the employer must consult in the circumstances referred to in sub-paragraph (a); or

(ii) provide that the employer must provide information directly to the employees to which it relates and consult those employees directly in the circumstances referred to in sub-paragraph (a); [F2 and

(g) provide that where an employer is to provide information about the employment situation, under that agreement or under any part, such information shall include suitable information relating to the use of agency workers (if any) in that undertaking.]

(2) Where a negotiated agreement consist of different parts they may provide differently in relation to the matters referred to in paragraph (1)(a) and (f).

(3) A negotiated agreement consisting of a single agreement shall be treated as being approved for the purpose of paragraph (1)(d) if—

(a) it has been signed by all the negotiating representatives; or

(b) it has been signed by a majority of negotiating representatives and either—

(i) approved in writing by at least 50% of employees employed in the undertaking, or

(ii) approved by a ballot of those employees, the arrangements for which satisfied the requirements set out in paragraph (5), in which at least 50% of the employees voting, voted in favour of approval.

(4) A part shall be treated as being approved for the purpose of paragraph (1)(d) if the part—

(a) has been signed by all the negotiating representatives involved in negotiating the part; or

(b) has been signed by a majority of those negotiating representatives and either—

(i) approved in writing by at least 50% of employees (employed in the undertaking) to which the part relates, or

(ii) approved by a ballot of those employees, the arrangements for which satisfied the requirements set out in paragraph (5), in which at least 50% of the employees voting, voted in favour of approving the part.

(5) The ballots referred to in paragraphs (3) and (4) must satisfy the following requirements—

(a) the employer must make such arrangements as are reasonably practicable to ensure that the ballot is fair;

(b) all employees of the undertaking or, as the case may be, to whom the part of the agreement relates, on the day on which the votes may be cast in the ballot, or if the votes may be cast on more than one day, on the first day of those days, must be given an entitlement to vote in the ballot; and

(c) the ballot must be conducted so as to secure that—

(i) so far as is reasonably practicable, those voting do so in secret; and

(ii) the votes given in the ballot are accurately counted.

(6) Where the employer holds a ballot under this regulation he must, as soon as reasonably practicable after the date of the ballot, inform the employees entitled to vote of the result.

Textual Amendments

F1 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

F2 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