Solicitors, Charles Lucas & Marshall are running a seminar for local HR managers and employers to update them on new legislation which means they must now have wider consultation processes in place for employees.

The Act means that companies or organisations with more than 150 employees may be required, on request from 10 per cent of their workforce, to start negotiations which will result in an arrangement which gives them more information and consultation on various matters.

The regulations currently apply only to organisations with 150 or more employees but from April 2007 they will apply to those with 100 or more employees and from April 2008 those with 50 or more employees.

“The regulations are likely to be a minefield for employers who do not have agreements in place,” says Andrew Egan, employment lawyer with Charles Lucas & Marshall.

“For employers with recognised trade unions and work councils the regulations should place no further obligations.

“Employers, large and small, need to start thinking about the regulations and bear in mind that if the procedure is not begun, then a more onerous default statutory regime may apply.”

The main concern for most employers is that often when they are dealing with sensitive information such as the possible transfer or sale of a business, they need to understand what they can and cannot do in order to protect confidential information.

Under the Act, confidentiality agreements can be imposed by employers but the legislation is complex and employers need to tread carefully.

“In certain instances, it is better for employers to begin negotiations over the consultation process themselves – rather than wait for their workforce to approach them,” added Andrew Egan. “If an agreement is reached, there can be no further employee requests for three years.”

For more information contact Andrew Egan on 01793 511055 or andrew.egan@clmlaw.co.uk