- All employees must be able to take part when choosing ICER representatives (News, 22 March 2016)
- Impact of the case
- Background law
- The facts and the decision of the Central Arbitration Committee
- The judgment of the EAT
Upon receiving a suitable request, employers are obliged by the Information and Consultation of Employees Regulations 2004 to put in place arrangements to allow employees to elect or appoint representatives to negotiate the terms of an information and consultation agreement. Those arrangements should be practical with a view to the effective representation of all employees so that the authority the representatives are given is meaningful. It is for the employees to elect or appoint the negotiating representatives and not for the employer to undertake that task. All employees are entitled to take part in the election or appointment process and that means participation of a meaningful kind so that they all have an opportunity to participate. Accordingly, where an employer had invited two unions it recognised to nominate two candidates each to stand for appointment rather than leave it to the employees to elect or appoint who they chose, the employer was in breach of the regulations. EAT: University of London v Morrissey.
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