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The Transnational Information and Consultation of Employees (Amendment) Regulations 2010 are in force from 5th June 2011 and 1st October 2011.

The original EC Works Council Directive of 1994 required Member States to introduce laws requiring large scale  transnational employers  (1000 workers and over) to inform and consult with workers on a wide range of matters. In the UK this has been achieved by the Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323 . Another version, Directive 2009/38/EC was passed on 6th May 2009 which requires changes to be made to the 1999 regulations by 5th June 2011.  These changes are now being implemented.

The Regulations:

  •     introduce new obligations on central management on the way that information and consultation should take place in EWCs;
  •     define more clearly what constitutes a transnational issue which EWCs are entitled to consider;
  •     require that EWCs are adapted following significant structural changes to the company to ensure that all employees are represented (the ‘adaptation clause’);
  •     create a new right for members of EWCs and Special Negotiating Bodies to receive necessary training;
  •     create an obligation for the central management to provide the EWC with the means required to fulfil its duties
  •     provide for a link to be established between consultations at national level on issues where national employee representation bodies are entitled to be consulted and related consultations with the EWC where issues related to transnational matters;
  •     increase the maximum penalty from £75,000 to £100,000 that can be awarded for a breach of  the Regulations
  •     establish the Central Arbitration Committee (CAC) as the tribunal to hear the majority of complaints brought in Great Britain.

The full Regulations can be found at the goverment website.

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The new Bribery Act will become law in April 2011 and employers will need to introduce anti-bribery policies into their Employment Policies and Procedures in order to defend themselves against allegations of corruption which can otherwise lead to prison sentences and heavy financial penalties imposed by the Serious Fraud Office. Check out your Managers Toolkit section of your ELE Members account at http://www.eleonline.com for more information or call us on 0870 300 3809 for help in preparing for the new legislation.

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