What information must be provided to reps?

Employers have a duty to inform their employee representatives of:

• the fact that the transfer is taking place, the reason why, and the proposed date;

• the likely legal, economic and social consequences for the affected employees; and

• what measures are likely to be taken in relation to affected employees (or if no measures are to be taken, confirmation of this).

As a result of the Agency Workers Regulations 2010, employers must also supply reps with information as to:

• the number of agency workers working temporarily for and under the supervision and direction of the employer,

• the parts of the employer’s undertaking in which those agency workers are working, and

• the type of work those agency workers are carrying out.

This requirement was introduced as an amendment to the collective consultation obligation under section 188(4) of the Trade Union and Labour Relations Consolidation Act 1992. If only part of the business is being transferred, the information must be provided not just about the agency workers who work in the transferring part, but also those working in all other parts of the employer’s business, as long as they are under the “supervision” of the transferor.

For examples of union successes in enforcing this obligation to disclose information about the use of agency workers (see Chapter 11: Redundancies).