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Consultative Report Discussing The Implications Of Current Employment Law With Regards To Collective Consultation.

3040 words - 12 pages

HRM 4303 - Employee Relations and Employment LawConsultant Report:Collective ConsultationContents1.INTRODUCTION32.THE EMPLOYMENT RELATIONS ACT (1999)33.THE INFORMATION AND CONSULTATION DIRECTIVE44.TRADE UNIONS65.WHAT EFFECT WILL THE REGULATIONS AND LEGISLATIONS HAVE?76.CONCLUSIONS97.RECOMMENDATIONS108.BIBLIOGRAPHY141.Introduction1.1As Employee Relation Consultants, the purpose of this report is to advise Healthcare Professionals Ltd, a body representing employers in the health sector, of the result of changes to law relating to the collective consultation of employees. For this reason, the implications of the Employment Relations Act (1999) and the Information and Consultation Directive will be discussed.1.2For the purposes of this report, the industry being advised is the Health Service, which at present recognizes many Trade Unions locally varying on the type of service being covered. The report discusses the relevant items from the legislation and regulations that will affect the Health Service.2.The Employment Relations Act (1999)2.1The majority of the requirements of this Act form part of a group of reforms to employment law and trade union law outlined in the Governments White Paper, Fairness at Work, published in May 1998. With regards to employee consultation the Act details new statutory procedures for the recognition and derecognition of trade unions for collective bargaining. This applies when unions and employers are unable to reach agreement voluntarily.A large part of the Act consists of amendments to the Trade Unions and Labour Relations (Consolidation) Act 1992 and the Employment Rights Act 1966.2.2The Act was last reviewed in February 2003, with no major changes for employers. The review focused largely on the statutory trade union recognition procedures introduced by the Act and concluded that these are operating smoothly and there is no case for reforming the central features of the legislation. The review does however propose a number of amendments, including providing earlier access rights to unions in recognition cases.The statutory trade union recognition process was found to have been remarkably successful with approximately about three times as many voluntary union recognition agreements as statutory claims. This is, perhaps, unsurprising since the statutory process is tilted in favour of recognition.3.The Information and Consultation Directive3.1On 23 March 2002, the Information and Consultation Directive (Directive 2002/14/EC), was approved. The Directive establishes a framework for national information and consultation arrangements and will apply to all UK undertakings with at least 150 employees or establishments with at least 100 employees. The Directive gives new rights to employees to be informed and consulted about a range of business and employment issues. The UK Government has until March 2005 to translate this into UK law.By March 2005, legislation to comply with the Information and Consultation Directive comes...

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