Information and consultation

The Employees (Provision of Information and Consultation) Act, 2006, which applies to employers with at least 50 employees, implements EU Directive 2002/14/EC by providing for the establishment of information and consultation arrangements for employees in organisations and for other related matters, including the safeguarding of employees’ rights in a transfer of undertakings.

Key points 

• The act provides a process for electing employee representatives tasked with representing a group of employees. 
• A process for establishing information and consultation obligations is also provided for in the act. 
• These rules apply to organisations which employ 50 or more employees. 
• Employees acting as representatives under this act cannot be penalised for doing so by their employer. This includes dismiss or other action that is prejudicial to their employment. 
• Information and consultation for these purposes includes: 
  • information on the recent and probable development of the organisation’s activities and economic situation;
  • information and consultation on the situation, structure and probable development of employment within the organisation and on any anticipatory measures envisaged, in particular where there is a threat to employment;
  • information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations. This would include those changes and decisions covered by the Transfer of Undertakings Regulations and Redundancy legislation.