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Executive summary
The EC
directive on informing and consulting employees – to be implemented in the UK
by March 2005 – establishes a right to new minimum standards for workforce
communication and involvement in large firms.
The basic case for these new standards is fair treatment for people at
work. It is simply not acceptable for
employees to hear on the media for the first time that they are going to lose
their jobs. But information and
consultation can also contribute to improved performance at the workplace.
There is a good deal of information, consultation and involvement already
in the UK. The legislation will not cut
across existing good practice or impose rigid arrangements across all
businesses. It will not be imposed on
workforces, but will give those who want it the right to information and
consultation. These standards will be
supportive of existing best practice.
The
Government has taken a number of steps to improve the performance of the UK
labour market through measures to promote flexibility and fairness.
We are seeing the benefits in terms of employment growth, greater
participation in the workforce, especially by women, and more flexible working
practices. But UK productivity still lags behind some of our major
partners.
Organisational
issues at the workplace are part of the explanation of the productivity gap.
Our best workplaces achieve word class productivity, but there are too
many where outdated attitudes and practices hinder performance.
There is no single, simple formula for achieving high performance at the
workplace, but successful workplaces do have some common characteristics.
One of them is a positive approach by management to communicating with
and involving the workforce.
Involvement,
participation and consultation can take many different forms.
This paper looks at current UK experience and identifies examples of best
practice, ranging from team briefings and quality circles, to firms where
management and the workforce have agreed to adopt a “partnership” approach.
They show that best practice takes many different forms, ranging from
schemes of direct manager-to-employee communication and involvement, to more
formalised, representative involvement. And
they demonstrate that what works best is what most suits the needs and
circumstances of the particular business and its workforce.
Industrial
change is an inevitable and desirable part of raising productivity and creating
wealth, but must be handled sensitively, especially when it may involve
redundancies. Managing the process
well – including keeping staff properly informed and involved - is a vital
part of good employment relations, and employees deserve no less.
It can also benefit relations with the staff who remain.
Many UK businesses have already shown the benefits that can be had from
this approach, even in times of economic difficulty. For quoted companies, this can be managed within the
constraints of the Listing Rules.
There is a
variety of information and consultation arrangements in other EU countries which
could be a helpful source of ideas for implementing the directive in the UK.
But the different history, traditions and culture of employment relations
in each country, and the context in which works councils and similar structures
operate, mean that caution is needed in drawing lessons.
The long
history of practice and thinking on employee involvement in the UK, combined
with the absence up to now of any general legal requirements in this area, help
explain the diversity of practice here. The
Information and Consultation Directive does not impose a single “one size fits
all” approach. In considering how best
to implement the directive in the UK, our objective should be to enhance the
contribution of all employees, to the benefit of the company and the employees;
we should avoid a single, static solution and put the emphasis on voluntary
agreements; legislation must be fully consistent with the directive, but strike
the right balance with promoting of best practice; and commitment from both
senior managers and employees in individual firms will be needed if arrangements
are to succeed.
We
will be consulting at a later stage on specific proposals for implementing the
Information and Consultation Directive. Before
then, we wish to have the views and experience of as many people as possible on
the questions for discussion set out in the next section.
The deadline for comments is 11
December 2002.
The directive applies to
undertakings with 50 or more employees in a single Member State.
There are transitional periods allowing phased implementation in the
UK so that it would apply only to undertakings with 150 or more employees
from March 2005, to those with 100 or more employees from March 2007, and
those with 50 or more from March 2008. Undertakings
with 50 or more employees constitute 1% of enterprises, but employ 75% of
employees.
Questions
for discussion
Before making
specific proposals for implementing the Directive,
the Government is keen to gather the views and experience of all the key
stakeholders in our economy and as many people as possible who are interested or
taking part in workplace practices of employee involvement. We would therefore welcome your comments on the following questions:
-
what
do you see as important contributors to high performance workplaces?
-
what
do you think employees want from their place of work?
-
what
benefits do you see in employees being informed and consulted about their
company or organisation?
-
what
information and consultation mechanisms are used in your company? What works well and why? What
are the main obstacles to developing a meaningful dialogue?
-
what
issues do you think employees should be informed and consulted about? How and when do you think this should happen?
-
do
you have any experience of information and consultation arrangements
overseas that you think might be relevant to the UK?
-
what
should be the key features of domestic legislation to implement the Information
and
Consultation
Directive?
-
should
the Government try to promote information and consultation in small and
medium-sized enterprises not covered by the Information
and
Consultation
Directive (those with less than 50 employees)? If so, how should it do so?
Responses to
these questions can be e-mailed to informing@dti.gsi.gov.uk,
or sent to:
Information
& Consultation Team
Employment
Relations Directorate
DTI
1
Victoria Street
London
SW1H 0ET
You may also
respond via a form on this website
The deadline for
comments is 11 December 2002.
Your response to
this consultation document may be made publicly available in whole or in part at
the Department’s discretion. If
you do not wish all or part of your response (including your identity) to be
made public, please state in the response which parts you wish us to keep
confidential. Where confidentiality
is not requested, responses may be made available to any enquirer, including
enquirers outside the UK, or published by any means, including on the internet.
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updated 14 October 2003
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