Informing and Consulting Employee Representatives- Part 1

Podcast Location:

Sorry, this podcast has been removed as it is now out of date

Categories:

Employment Law

CPD Points:

Up to 1 point. details »

Cost:

• a) £65+VAT for this CPDcast only
• b) £299+VAT for unlimited access to all of our podcasts. details »
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Length:

30 minutes of audio
(+ optional 5 minute online quiz)

Plays on Computer:

Yes Downloadable as MP3:    Yes

Contributor(s):

• Stephen Levinson

Course Aims:

This two part CPDcast series aims to examine the obligations to inform and consult elected representatives or recognised trade unions.

Outcomes:

After completing the course you will:

• Understand what the ARD scheme entails;
• Appreciate that the consultation must take place with a view to reaching an agreement;
• Know what the regulations say about affected employees;
• Know whether it is restricted to transferring employees;
• Know whether there is a maximum or minimum number of employees involved in these obligations;
• Understand who has the responsibility to inform and consult;
• Know what information should be given to representatives;
• Appreciate the requirements of the 1981 Transfer Regulations;
• Know how the word 'envisaged' is defined;
• Appreciate that the information has to include the 'legal, economic and social implications';
• Know how the word 'measures' has been defined;
• Know what form the information must take;
• Know when the information should be delivered;
• Understand what happened in the case of Hagen;
• Know the essential elements of a consultation;
• Appreciate the comments of the European Court on this issue.

Level:

Intermediate

Classification:

Case Update
Legislative Updates
Practical Guide
Procedural

Sources and References:

• Council Directive 2001/23/EC;
• Community Charter of the Fundamental Social Rights of Workers;
• The London Borough of Lambeth v (1) UCATT and (2) AEEU [1997] UKEAT 115_96_0302;
• Unison v Somerset County Council and Others [2010] IRLR 207;
• Dines v Initial Health Care Services [1994] IRLR 336;
• Print Factory (London) 1991 Ltd v Millam [2007] IRLR 526;
• Institution of Professional Civil Servants v Secretary of State for Defence [1987] IRLR 373;
• Cable Realisations Ltd v GMB Northern [2010] IRLR 42;
• Hagen v ICI Chemicals and Polymers [2002] IRLR 31;
• Royal Mail Group Limited v Communications Workers Union [2009] IRLR 108;
• R v Gwent County Council ex parte Bryant [1988] Crown Office Digest 19 HC;
• R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Price and Others [1994] IRLR 72;
• Junk v Kuhnel [2005] IRLR 310.

In this two-part CPDcast series Stephen Levinson, a Partner at RadcliffesleBrasseur, discusses the obligations to inform and consult elected representatives or recognised trade unions.

In part one he discusses affected employees and who has the responsibility to inform and consult. He also examines the information that needs to be given to representatives and the consultation process.

In part 2 he continues looking at the consultation process and explains who must be informed and consulted. He also discusses special circumstances, remedies, compensation, joint and several liability and concludes the series by analysing overlap situations.

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.