Timely information

Information must be given “at such time, in such fashion and with such content” appropriate to enable information and consultation representatives to “conduct an adequate study and, where necessary, prepare for consultation”. Government guidance adds: “To reduce the risk of a successful complaint being brought for breaching the legislation, it is advisable to seek the views of information and consultation representatives (those receiving the information – see page 40) on the sort of information that should be provided” It goes on to suggest that, “it is good practice to seek to agree these things, although this is not a requirement of the legislation.”

Employers are advised to “work backwards” from the second and third of the information categories listed above as these are issues where the employer also has to consult (see below). They should look at which decisions are likely to affect work organisation, contractual terms and employment. The guidance then continues: “Having done so, they will be better able to decide what aspects of the recent and probable development of the undertaking’s activities and economic situation they should provide information about under the first category.”