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

Information and Consultation: Changing the Face of British Collective Labour Law. Pascale Lorber University of Leicester. Historically…. ‘European social model’. Information and Consultation of Employees Regulations 2004.

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

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

  2. Historically…

  3. ‘European social model’

  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. ‘Structural’ causes

  8. Limitations

  9. Case-lawApplications to the CAC Source – CAC website http://www.cac.gov.uk/

  10. Body of evidence

  11. 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)

  12. 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)

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