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The Information and Consultation of Employees Regulations 2004

Consolidated Text As Enacted Cited authorities 31 Cited in Amendments 19 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2004/3426
Year2004
(1) These Regulations may be cited as the Information and Consultation of Employees Regulations 2004 and shall come into force on 6th April 2005.(2) These Regulations extend to Great Britain.
  • In these Regulations—
    • employing in the United Kingdom, in accordance with the calculation in regulation 4, at least the number of employees in column 1 of the table in Schedule 1 to these Regulations on or after the corresponding date in column 2 of that table; andsubject to paragraph (2) , whose registered office, head office or principal place of business is situated in Great Britain.(2) Where the registered office is situated in Great Britain and the head office or principal place of business is situated in Northern Ireland or vice versa, these Regulations shall only apply where the majority of employees are employed to work in Great Britain.(3) In these Regulations, an undertaking to which these Regulations apply is referred to, in relation to its employees, as “the employer”.(1) Paragraphs (2) and (3) apply to an agency worker whose contract within regulation 3(1) (b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment.(2) For the purposes of regulations 3, 4 and Schedule 1, any agency worker who has a contract with a temporary work agency shall be treated as being employed by that temporary work agency for the duration of that agency worker’s assignment with the employer.(3) In these Regulations “assignment” has the same meaning as in regulation 2 and “temporary work agency” has the same meaning as in regulation 4, of the Agency Workers Regulations 2010.(1) Subject to paragraph (4) , the number of employees for the purposes of regulation 3(1) shall be determined by ascertaining the average number of employees employed in the previous twelve months, calculated in accordance with paragraph (2) .(2) Subject to paragraph (3) , the average number of employees is to be ascertained by determining the number of employees employed in each month in the previous twelve months (whether they were employed throughout the month or not) , adding together those monthly figures and dividing the number by 12.

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