Paragraph 37 Ongoing negotiations

For the purposes of paragraph 36—

(a)

the negotiation process for the establishment of a European Works Council or an information and consultation is commenced on the date on which either—

(i)

a valid request is made by employees or employees’ representatives under regulation 9(1) of the 1999 Regulations; or

(ii)

the central management initiates negotiations in accordance with regulation 9(5) of the 1999 Regulations; and

(b)

the negotiation process is concluded on the date on which either—

(i)

the special negotiating body makes a decision under regulation 16(3) of the 1999 Regulations not to open negotiations with central management or to terminate negotiations;

(ii)

the central management and the special negotiating body reach a written agreement on the detailed arrangements for the information and consultation of employees in accordance with regulation 17(1) of the 1999 Regulations; or

(iii)

the provisions of the Schedule to the 1999 Regulations first apply by virtue of regulation 18(1)(b) or (c) of those Regulations.