1. Pascale Lorber University of Leicester
Information and Consultation: Changing the Face of British Collective Labour Law
Pascale Lorber
University of Leicester

2. Historically… Absence of state regulations
voluntary consultative committees
Interest from social partners?
Absence of state regulations

3. ‘European social model’
Restructuring Directives
EWC
Information and Consultation

4. 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’ ?

5. 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

6. 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

7. Attitudes of stakeholders
‘Structural’ causes
Weak legal framework
Limited case law
Attitudes of stakeholders

8. Limitations Hurdles of trigger and thresholds
Optional nature of obligation
Hurdles of trigger and thresholds
Role of trade unions
Nature of sanctions and enforcement mechanisms

9. Case-law Applications to the CAC
2005
2006
2007
2008
2009
2010
2011
2012
2013
Total
Applications 4 8 5 10 6 3 2 46
Decisions 1 7 1? 27
Withdrawn 19
Source – CAC website

10. Issues of contention Body of evidence Actors
Application of standard information and consultation
Validity of pre-existing agreements
Actors
Majority of complainants are individuals
Cases pursued by unions: Amicus and Unite

11. State Employers Trade Unions
Not committed to promotion of consultation
State
- Direct communication and involvement
- Risk assessment approach
Employers
Openly positive but ambivalent in practice
Exceptions
Trade Unions

12. 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)

13. 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)