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Information and Consultation: Changing the Face of British Collective Labour Law

Pascale LorberUniversity of Leicester

Historically…

‘European social model’

Information and Consultation of Employees Regulations 2004

• Procedural obligation to engage workers’ representatives on strategic decisions

• Additional voice for workers and unions – not conditional on union recognition

• Wider spectrum of topics for engagement

• Potential for ‘power sharing’

• Improvement of collective rights? ‘Impact of legal changes on actual behaviour’ ?

Numerical impact

• Some activity prompted by ICER and increase in number of arrangements (mainly Pre-Existing Agreements)

• WERS 2011 (initial findings)

The proportion of all workplaces covered by consultative committees fell from 35% in 2004 to 25% in 2011

Qualitative impact

• Employer led activity: risk assessment approach and little regard for legal requirements

• Some (limited) evidence that ICER used to try to avoid trade unions and replace collective bargaining BUT union members also used ICER to join JCC

• Rare exceptions of constructive dialogue and influence of management

‘Structural’ causes

Limitations

Case-lawApplications to the CAC

Source – CAC website http://www.cac.gov.uk/

Body of evidence

Changing the face of collective labour law?

• ‘evidence that information and consultation rights have provided workers with any real influence over management decisions appears to be rather slight’ (B Simpson)

• ‘Will consultation limp as a neglected feature of British employment relations with island of good practice in a sea of ambivalence, or can and should, consultative practice be adopted more widely …?’ (Hall and Purcell 2012)

Worth rescuing and promoting

• Decline of trade union and collective voice

• Amending the legal framework?

• Using current legal framework and relevant institutions

• Involving unions

• To avoid a collective voice remaining in ‘a state of flux’ (B Simpson)