Employee request that is not valid: make an application
Make, or respond to, an application under Regulation 13(1) of the Information and Consultation of Employees Regulations 2004.
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Use this form if you are an employer and have received an employee request that you consider to be not valid. A request is not valid if:
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it does not conform with Regulations 7(2) to (4) of the Information and Consultation Regulations 2004 in that the request was not made by 10% of the employees or that separate requests were not made within a 6 month period
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it was covered by the restrictions in Regulation 12 of the Information and Consultation Regulations 2004 that the request was made within 3 years of the date of a negotiated agreement or the date on which the standard provisions applied
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the obligation in Regulation 7(1) of the Information and Consultation Regulations 2004 did not apply on the date the request was made because the employer did not employ the requisite number of employees or was not an ‘undertaking’
You need to make an application to the Central Arbitration Committee (CAC) within 1 month of the request or the request which resulted in the requisite number of employees.
If you are an employee or an employees’ representative, the CAC will ask you to respond to an application.