The Information and Consultation of Employees Regulations 2004

InterpretationE+W+S

2.  In these Regulations—

“the 1996 Act” means the Employment Rights Act 1996 M1;

[F1“agency worker” has the same meaning as in regulation 3 of the Agency Workers Regulations 2010;]

“Appeal Tribunal” means the Employment Appeal Tribunal;

“CAC” means the Central Arbitration Committee;

“consultation” means the exchange of views and establishment of a dialogue between—

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;

“date of the ballot” means the day or last day on which voting may take place and, where voting in different parts of the ballot is arranged to take place on different days or during periods ending on different days, the last of those days;

“employee” means an individual who has entered into or works under a contract of employment and in Part VIII and regulation 40 includes, where the employment has ceased, an individual who worked under a contract of employment;

“employee request” means a request by employees under regulation 7 for the employer to initiate negotiations to reach an agreement under these Regulations;

“employer notification” means a notification by an employer under regulation 11 that he wishes to initiate negotiations to reach an agreement under these Regulations;

“information” means data transmitted by the employer—

in order to enable those representatives or those employees to examine and to acquaint themselves with the subject matter of the data;

“Information and Consultation Directive” means European Parliament and Council Directive 2002/14/EC of 11 March 2002 M2 establishing a general framework for informing and consulting employees in the European Community;

“information and consultation representative” means—

“negotiated agreement” means—

“negotiating representative” means a person elected or appointed pursuant to regulation 14(1)(a);

“parties” means the employer and the negotiating representatives or the information and consultation representatives, as the case may be;

[F2“Pension Schemes Regulations” means the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006;]

“pre-existing agreement” means an agreement between an employer and his employees or their representatives which—

but does not include an agreement concluded in accordance with regulations 17 or 42 to 45 of the Transnational Information and Consultation of Employees Regulations 1999 M3 or a negotiated agreement;

“standard information and consultation provisions” means the provisions set out in regulation 20;

[F3“suitable information relating to the use of agency workers” means information as to—

“undertaking” means a public or private undertaking carrying out an economic activity, whether or not operating for gain;

“valid employee request” means an employee request made to their employer by the employees of an undertaking to which these Regulations apply (under regulation 3) that satisfies the requirements of regulation 7 and is not prevented from being valid by regulation 12.