Northern Ireland Statutory Rule SI 2005/47 United Kingdom

The Information and Consultation of Employees Regulations (Northern Ireland) 2005

These Regulations, made under powers in Section 43 of the Employment Relations Act 2004 implement in Northern Ireland Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community (“the Information and Consultation Directive”).

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Employer16 Any Person3

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.005 Entitlement to data Regulated
  • Provide employee staff data on written requestEmployer
s.006 Complaint of failure to provide data Regulated
  • Provide data to employees or their representatives on requestEmployer
s.007 Employee request to negotiate an agreement in respect of information and consultation Regulated
  • Initiate negotiations after a valid employee request for information and consultationEmployer
s.008 Pre-existing agreements: ballot for endorsement of employee request Regulated
  • Conduct a fair ballot if you choose that route instead of negotiatingEmployer
s.014 Negotiations to reach an agreement Regulated
  • Initiate negotiations by appointing employee representativesEmployer
s.015 Complaints about election or appointment of negotiating representatives Regulated
  • Comply with Industrial Court order to re-run election or appointment of negotiating representativesEmployer
s.016 Negotiated agreements Regulated
  • Ensure negotiated agreements meet legal standards for employee information and consultationEmployer
s.017 Complaints about ballot for employee approval of negotiated agreement Regulated
Other duties (1) — Crown / regulator
  • Industrial Court must order re-run ballot if complaint about employee approval ballot is well-foundedTribunal / Court
s.019 Election of information and consultation representatives Regulated
  • Hold a ballot to elect information and consultation representativesEmployer
s.020 Standard information and consultation provisions Regulated
  • Inform and consult employee representatives on business activities, employment, and major decisionsEmployer
s.029 Right to time off: complaint to industrial tribunals Regulated
  • Let employees take time off and pay them correctlyEmployer
33 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Application
s.003 Agency Workers
s.004 Calculation of number of employees
s.008 Pre-existing agreements: agency workers
s.009 Pre-existing agreements covering groups of undertakings
s.010 Complaint about ballot for endorsement of employee request
s.011 Employer notification of decision to start negotiations
s.012 Restrictions on employee request and employer notification
s.013 Dispute about employee request, employer notification or whether obligation in regulation 7(1) applies
s.017 Negotiated agreements and listed changes to pension schemes
s.018 Application of standard information and consultation provisions
s.021 Co-operation
s.022 Disputes about operation of a negotiated agreement or the standard information and consultation provisions
s.023 Penalties
s.024 Exclusivity of remedy
s.025 Breach of statutory duty
s.026 Withholding of information by the employer
s.027 Right to time off for information and consultation representatives, etc.
s.028 Right to remuneration for time off under regulation 27
s.029 Extension of time limit to facilitate conciliation before institution of proceedings
s.030 Unfair dismissal
s.031 Subsidiary provisions relating to unfair dismissal
s.032 Detriment
s.033 Detriment: enforcement and subsidiary provisions
s.034 Conciliation
s.035 Industrial Court: proceedings
s.036 Labour Relations Agency
s.037 Restrictions on contracting out: general
s.038 Restrictions on contracting out: Part VIII
s.039 Crown employment
s.040 Exception for merchant navy
Schedules

Schedules

10 of 15 shown
s.sch002 As soon as reasonably practicable after the date of the... Regulated
  • Publish ballot results to employer and employeesEmployer
s.sch002 A ballot supervisor shall publish a report (“an ineffective ballot... Regulated
  • Publish an ineffective ballot report if ballot requirements were not metAny Person
s.sch002 Where a ballot supervisor publishes an ineffective ballot report the... Regulated
  • Publish ineffective ballot report within one month of resultsAny Person
s.sch002 A ballot supervisor must publish an ineffective ballot report in... Regulated
  • Publish report if employee ballot is ineffectiveEmployer
s.sch002 Where a ballot supervisor publishes an ineffective ballot report the... Regulated
  • Arrange for reballot if ballot supervisor reports ineffective ballotEmployer
s.sch002 All costs relating to the holding of the ballot, including... Regulated
  • Pay all costs of holding employee information and consultation ballotsEmployer
s.sch002 The requirements referred to in paragraph 1 are that –... Regulated
  • Conduct a ballot for electing information and consultation representativesEmployer
s.sch002 Where the Industrial Court finds the complaint well-founded it shall... Regulated
Other duties (1) — Crown / regulator
  • Industrial Court must make order if ballot complaint is upheldTribunal / Court
s.sch002 Conduct of the ballot Regulated
  • Ensure ballot supervisor independence and cooperate with themEmployer
s.sch002 A ballot supervisor’s appointment shall require that he – Regulated
  • Supervise and conduct the ballot fairly and in accordance with published arrangementsAny Person
5 other schedules
s.sch002 Ballot arrangements
s.sch002 Any employee or an employees' representative who believes that the...
s.sch002 An order under paragraph 4 shall specify the modifications to...
s.sch002 A person is an independent ballot supervisor for the purposes...
s.sch002 For the purposes of paragraph 3 the arrangements for the...

Help complying

Guvnor’s practical routes through this instrument.

Manage your employees

A comprehensive journey for UK employers covering the full employment lifecycle - from ongoing payroll and compliance duties through to managing workforce …
1 more guide that reference this instrument
Working with trade unions

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.