Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Timing isn`t everything

16 December 2009 #Employment


The Information and Consultation of Employees Regulations 2004 give employees certain rights to have their employer put in place an I&C agreement.  Under the Regulations, following a valid employee request to negotiate an agreement, the employer must negotiate with negotiating representatives "as soon as is reasonably practicable".  The Regulations then stipulate a timetable in which agreement should be reached (a period of 6 months, commencing 3 months after the original employee request was made). 

 

This timetable had led some to believe that negotiations must start as soon as possible but within 3 months at the latest.  However, the EAT has now confirmed in Darnton v Bournemouth University (2009) that there is no legal requirement on an employer to negotiate within 3 months - it must simply act "as soon as reasonably practicable".  Government guidance suggesting the contrary is therefore incorrect.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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