EU regulation and the UK employee consultation framework

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15 citations0/0 files storedEconomic and Industrial Democracy

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Labor Movements and Unions Labor Law and Work Dynamics Legal and Labor Studies

Abstract

The growth in statutory provisions in the UK requiring employers to inform and consult employee representatives has been driven primarily by EU law rather than domestic policy. The 2002 EU information and consultation Directive was widely seen as having far-reaching implications for UK law and employment relations practice, but the ‘reflexive’ design of the UK regulations transposing the Directive has limited its impact to date. An assessment of the available evidence suggests that the regulations have prompted considerable voluntary activity in terms of reviewing, modifying and introducing information and consultation arrangements but that this has been largely employer-led. The article argues that the reform of key aspects of the UK regulations is necessary to overcome trade union ambivalence towards the legislation and the low uptake of its provisions by employees.

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References

2005Inside the Workplace: First Findings from the 2004 Workplace Employment Relations Survey 2005Inside the Workplace 2006Embedded collectivism? Workplace representation in France and Germany 1992Behind the European Works Councils Directive: The European Commission's Legislative Strategy 2006A cool response to the ICE Regulations? Employer and trade union approaches to the new legal framework for information and consultation 2000In search of coherence: social policy, the single market and fundamental rights 2000The implementation of the European Works Councils directive 2007Implementing information and consultation: early experience under the ICE Regulations

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2011The limits and prospects of union power: Addressing mass redundancy in the steel industry 2013Trade Union Approaches towards the ICE Regulations: Defensive Realism or Missed Opportunity?2013Maintaining union voice in the Australian university sector: Union strategy and non-union forms of employee participation 2025Balancing Legislation and Moral Capitalism: Enhancing Employee Access to Decision-Making

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