The Information and Consultation of Employees Regulations 2004
The Information and Consultation of Employees Regulations 2004

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • The Information and Consultation of Employees Regulations 2004
  • Application
  • Entitlement to data
  • Employee requests and employer notification
  • Negotiated agreements
  • Standard information and consultation provisions
  • Pre-existing agreements
  • Confidential information
  • Complaints
  • Government guidance

FORTHCOMING CHANGE: With effect from 6 April 2020, the Employment Rights (Miscellaneous Amendments) Regulations 2019 will amend the Information and Consultation of Employees Regulations 2004 to lower the percentage of employees required for a valid request to start negotiating an agreement on informing and consulting employees from 10% to 2%. For more information, see our report: LNB News 18/12/2018 123.

The Information and Consultation of Employees Regulations 2004, SI 2004/3426 (ICER 2004) require employers based in Great Britain to provide information to their employees and to consult with them about the operation of their business.

Other obligations to inform and consult may arise for larger transnational organisations. These include the requirements of the European Public Limited-Liability Company Regulations 2004, SI 2004/2326 (not dealt with here) and of the Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323 (see Practice Note: Works councils).

Duties to inform and/or consult may also arise in certain specific situations, such as proposed business transfers (see Practice Note: TUPE—information and consultation) and proposed collective redundancies (see Practice Notes: Collective redundancy—the triggers for the statutory consultation obligations and Collective redundancy—statutory information and consultation obligations).

Employers may also be required to make arrangements for employee representatives to be elected or appointed, in order to meet their obligations under ICER 2004. For further