Information and consultation at work: consulting in a regulated environment checklist

Appendix to the Personnel Today Management Resources one stop guide on information and consultation at work. Other sections.

There are many information and consultation obligations arising at different levels. Whether information and consultation is conducted at local, national or European level, there are certain key tips to bear in mind to ensure the best chance of the process going smoothly:

  • Understand employee representation structures and identify those that should be informed and consulted on a proposed business decision
  • Identify obligations, and time-scales under relevant agreements and national laws
  • Have a comprehensive negotiation strategy including the business reason behind a proposed decision, clear arguments on the justification for the decision and projected time-scales and emphasise any benefits for employees
  • Assess anticipated resistance and how to deal with it
  • Assess the risk of potential litigation and any external public relations impact
  • Understand
  • the perspective of the employees and their representatives and consider their views meaningfully

  • Ensure that there are minutes of meetings and correspondence and that these are circulated as necessary under relevant agreements and national laws
  • Take no action that might indicate that the consultation process is a sham (for example, by making an announcement that a decision will proceed).
  • Where a proposed decision affects more than one jurisdiction, co-ordinate the information and consultation process carefully across jurisdictions - a step taken in one jurisdiction could give create a major industrial relations, public relations or legal problem in another.


    One stop guide to information and consultation at work: other sections

    Section 1: the changing workplace
    Section 2: current consultation obligations on collective redundancies
    Section 3: current obligations with business transfers
    Section 4: electing staff representatives for redundancy and transfers
    Section 5: listed companies and consultation
    Section 6: European Works Councils (EWCs)
    Section 7: health & safety and occupational pensions
    Section 8: trade union recognition
    Section 9: future consultation obligations
    Section 10: useful resources
    Section 11: jargon buster
    Appendix: consulting in a regulated environment checklist