Information and consultation at work: health & safety and occupational pensions
Section 7 of the Personnel Today Management
Resources one stop guide on information and consultation at work. Other sections.
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Use this section to
Gain an
understanding of employers' consultation obligations in relation to health
and safety
Gain an
understanding of employers' consultation obligations in relation to
occupational pensions
Find out what information
trustees of occupational pensions are required to disclose
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HEALTH AND SAFETY
The European
Directive 89/391/EEC on the introduction of measures to encourage improvements
in the safety and health of workers introduced a requirement for employers to
inform and consult employees on certain health and safety issues.
The provisions of the directive were
implemented in the UK by the Health and Safety at Work Act 1974, the Safety
Representatives and Safety Committees Regulations 1977, and the Health and Safety
(Consultation with Employees Regulations) 1996.
The basic regime under UK rules is that
employers are required to consult with safety representatives (see box below) with a view to making (and maintaining) arrangements
that will promote the health and safety of employees in the workplace.
Subject areas for consultation
Employers must
consult on a wide range of issues, including the following:
The
introduction of any measure at the workplace, which may substantially affect the
health and safety of the employees
Any
health and safety information it is required to provide to the employees and
safety representatives
The
planning and organisation of any health and safety training
The
health and safety consequences of the introduction of new technologies in the
workplace.
Facilities
Employers are
required to provide such facilities and assistance to the safety
representatives to enable them to carry out their functions.
OCCUPATIONAL PENSIONS
In the context
of occupational pensions, there are numerous obligations on an employer to
consult. In brief, these include:
An
employer is required to consult with a recognised trade union if it wishes to
contract out of the state pension scheme. This requirement is contained in the
Occupational Pensions Scheme (Contracting-out) Regulations 1996
The Welfare Reform and Pensions Act 1999 requires an
employer proposing to set up a stakeholder pension to consult with employee
representatives or trade union prior to designating a stakeholder scheme.
The form of consultation is not prescribed.
Employers may use a consultation procedure which they have already in place for
other purposes or simply send written details to all employees asking for their
views.
Disclosure obligations apply to trustees of an
occupational scheme in relation to their members and trade unions
The Occupational Pensions Schemes (Disclosure of
Information) Regulations 1996 (SI 1996/1655) requires the trustees of
occupational pension schemes to disclose specified basic information (see below) about the scheme to the following people:
Members
Prospective members of the scheme
Their
spouses
Other
beneficiaries under the scheme
Any
independent trade union that is also a recognised trade union (For example,
"recognised for the purposes of collective bargaining in relation to members
and prospective members of the scheme").
DISCLOSURE OF PENSION
INFORMATION
Trustees of
occupational pension schemes must disclose information, including:
Information relating to the categories of persons
eligible to be scheme members
The conditions of eligibility for
membership
Information relating to
the period of notice (if any) which a member of the scheme must give to
terminate his pensionable service
How employers'
contributions and members' normal contributions (if any) are determined
What
arrangements are made for the payment by members of additional voluntary
contributions
Information relating to whether the scheme is a
tax-approved scheme
Which
of the relevant employments are, and which are not, contracted out of the state
pension scheme
Except
in the case of a simplified defined contribution scheme, the normal pension age
under the scheme
What
benefits are paid under the scheme and how they are calculated
Information relating to
whether there is an extra power (on top of the statutory requirements) under
the scheme to increase pensions after they have become payable
Information relating to when survivors' benefits are
payable under the scheme
The
conditions on which other benefits are payable
The
benefits which are payable at some person's discretion
Information relating to the use of cash equivalents; a statement summarising the way in
which transfer values are calculated; and information relating to the
procedures the scheme has for the resolution of internal disputes.
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Health and safety representatives
Unionised
workplaces
A recognised trade
union may appoint safety representatives from the employer's workforce. If
reasonably practicable, the representative(s) shall have been employed for
the preceding two years. The function of the representatives is to represent
the employees in health and safety consultation; to investigate potential
hazards and dangerous occurrences in the workplace; to investigate employee
complaints relating to health and safety and to attend safety committee
meetings.
Non-unionised
workplaces
Where employees are not represented by a
recognised trade union, the employer has a choice to consult with the
employees directly or employee representatives who have been elected to
represent the group and whose remit includes health and safety consultation.
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