Employees (Provision of Information and Consultation) Act 2006

A Commencement Order was signed on the 24th July 2006, bringing the provisions of The Employees (Provision of Information and Consultation) Act 2006 into force.

The Act gives effect to Directive 2002/14/EC on arrangements for informing and consulting employees and establishes a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings with at least fifty employees.

The legislation will apply to undertakings on a phased basis as follows:
• Undertakings with at least 150 employees from 4th September 2006
• Undertakings with at least 100 employees from 23 March 2007
• Undertakings with at least 50 employees from 23 March 2008.

This new Act is without prejudice to those existing rights of employees to information and consultation under Irish law.

Employers will be obliged to provide information and consultation on issues such as:
• Probable development of the undertaking’s activities and economic situation;
• The structure and probable development of employment within the undertaking and any anticipatory measures envisaged;
• Any decisions likely to lead to substantial changes in work organization or contractual relations.

Employers have the option under the Act of putting in place agreements on or before 4 September 2006 known as ‘pre-existing agreements’ which can be tailor-made to suit the culture and circumstances of their own company.

The Act gives employees the right to request that an employer sets up an information and consultation procedure; once 10% of employees (subject to a minimum of 15 and a maximum of 100) make such a request, an employer must enter into negotiations to agree a procedure with employees. The Act also provides for the setting up of an Information and Consultation Forum.

Information must be given by the Employer in such a manner so as to enable, in particular, employees’ representatives to conduct an adequate study and, where necessary, prepare for consultation.

The Act provides for the enforcement of determinations of the Labour Court pursuant to the Act by the Circuit Court.

For further information please contact:
Anthony Layng at alayng@kilroys.ie or Laurena Hughes at lhughes@kilroys.ie

© Kilroys Solicitors August 2006