Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

10 SEP 2015

Moyer-Lee and others v Cofely Workplace Ltd UKEAT/0058/15; (2015) EMPLR 046

Moyer-Lee and others v Cofely Workplace Ltd UKEAT/0058/15; (2015) EMPLR 046
19 June 2015

Employment Appeal Tribunal (EAT)

Langstaff LJ


The Information and Consultation Regulations 2004 entitle employees to request an agreement for information and consultation. Once a valid request is made, the employer must follow a prescribed procedure, which can lead to an information and consultation agreement if the request is supported in a ballot. To be valid, the request must be made by at least 10% of the employees in the ‘undertaking’. ‘Undertaking’ means the employer as a whole - not just one group of employees.

Cofely had 210 employees working on a contract to provide facility management services but had 9,200 employees overall. 28 employees (about 13%) working on that contract made a request for an information and consultation agreement. The Central Arbitration Committee held that this was not a valid request since it was not made by at least 10% of the 9,200 employees of Cofely. The employees appealed to the EAT arguing that ‘undertaking’ could refer to a sub-group of employees employed at one workplace or ‘establishment’. The EAT disagreed, saying that ‘undertaking’ here meant the employer as a whole.

Social Media in the Workplace

A Handbook

This book is intended as a handbook for advisers to employers, providing an overview of the...

More Info from £65.00
Available in Company Law Online
Jordan Publishing Employment Law

Jordan Publishing Employment Law

"exceptional value for money in today's challenging legal environment" John Mitton, PG Legal

Available in Employment Law Online
Subscribe to our newsletters