Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Consultation definition

What does Consultation mean? In pensions practice, consultation is the employer’s statutory duty to consult affected members or their representatives before implementing material changes to an occupational pension scheme. In England & Wales and Scotland this duty is set out in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, made under the Pensions Act 2004, with corresponding regulations in Northern Ireland and oversight by The Pensions Regulator (TPR). The duty typically applies to employers with at least 50 employees and requires at least 60 days’ consultation with active and prospective members (or recognised unions), providing sufficient written...

ICER 2004: Scope, Thresholds, Employee Triggers, Negotiated and Standard Information and Consultation Arrangements, Pre-existing Agreements, Confidentiality, CAC/EAT Enforcement and Penalties

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Practice notes

ICER 2004

ICER 2004, SI 2004/3426 allows staff of medium and large Employers (50+ Employees) to combine to oblige their employer to set up a formal, prescribed framework for informing and consulting staff on certain operational matters. ICER 2004 were introduced to give effect to Directive 2002/14/EC (Information and Consultation Directive).

Additional information and consultation duties may arise for larger cross-border organisations, including under the European Public Limited-Liability Company Regulations 2004, SI 2004/2326 (outside the scope of Lexis+® UK Employment) and the Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323 (see Practice Note: European works councils).

Obligations to inform and/or consult also occur in specific contexts, such as proposed transfers covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 (see Practice Note: TUPE—information and consultation), and proposed collective redundancies (see Practice Notes: Collective redundancy—the triggers for the statutory consultation obligations and Collective redundancy—statutory information and consultation obligations). To comply with ICER 2004, SI 2004/3426, employers will generally need to arrange for the election or appointment of employee representatives...

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Web page updated on 01/06/2026

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