Central Arbitration Committee – A Panel of the Central Arbitration Committee held that the University had not complied with Regulation 14 of the Information and Consultation of Employees Regulations 2004. The University had recognised a need to negotiate an agreement to inform and consult its employees. To do so it was to put in place arrangements for the employees to appoint or elect representatives and for all employees to take part in the process of appointment or election. The Panel held it had done neither when it asked trade unions which it recognised, whose members were a minority of the workforce, to put up four names who would be the representatives of all employees, and then held a ‘Yes’/’No’ vote on nominees identified by the employer and trade unions jointly, arranging that all employees would ‘take part’ in the appointment and election. An appeal was dismissed: having regard to the purpose of the Regulations, which implemented a Directive seeking to ensure the effective engagement of all employees, ensuring that the rights would be effective, and endorsing the application of good industrial practice, the decision of the Panel was one which on the particular facts of the case the Panel was entitled to reach.
Langstaff J
[2016] UKEAT 0285 – 15 – 1501
Bailii
Information and Consultation of Employees Regulations 2004
England and Wales
Employment
Updated: 14 January 2022; Ref: scu.562529