Contractors are being reminded that they face potential fines of up
to £75,000 if they fail to comply with the new Information and
Consultation of Employees Regulations which start coming into force
from next March.
Hundreds of larger construction firms are starting to gear up for
this next tranche of employment law - even as they are coming to
terms with the implications of the workplace disputes resolution
regulations and disability discrimination provisions, which took
effect from the beginning of October.
The latest set of regulations will require both public and private
sector employers to provide information and formally consult with
their employees on a range of issues. They are being introduced on
a staged basis depending on the number of employees in a
company.
The timetable for implementation is:
nÊ23 March 2005 - firms with 150 or more employees.
nÊMarch 2007 - firms with at least 100 employees.
nÊMarch 2008 - firms with at least 50 employees.
Government figures do not show the number of construction firms
with 150-plus employees, but there are 800 with more than 115
employees each.
Companies will be required to negotiate agreements with their staff
within six months of the implementation date. Negotiations need to
be requested by at least 10% of the workforce.
The regulations include a clause prohibiting the unauthorised
disclosure of information provided by the employer in
confidence.
A Construction Confederation spokesman said: "We don't envisage any
immediate problems. It does involve a change of culture. And it
remains to be seen how many take up the option of requesting an
agreement.
"Any problems may occur further down the line with the smaller
companies. Here it could mean that having just five or six workers
could determine whether there is to be an information and
consultation agreement."
The TUC said: "The main impact of the regulations is likely to be
to drive the spread of organisation-specific information and
consultation agreements, reached either voluntarily, or as a
consequence of the statutory trigger mechanism."
Union sources have noted that any fines will go straight to the
Treasury.