Quick answer
Consult employees or their appropriate representatives in good time so their views can inform decisions. Identify the applicable representative arrangements, provide relevant information and a usable forum, then explain the decision and follow-up. Consultation involves listening and considering input.
Why a finished decision is too late for meaningful consultation
Workers know how tasks operate and where a proposed change may create difficulties. HSE’s consultation planning guidance says to allow time for input before the decision is made.
Sharing an instruction after a change has been finalised is information-giving. It does not by itself demonstrate that workers had a meaningful opportunity to influence the safety arrangements.
Identify the right route for the employees concerned
| GB arrangement | What to establish |
|---|---|
| Recognised-union appointed safety representatives | Which employees they represent and how consultation with them will operate. |
| Employees not covered by those representatives | Suitable direct consultation or properly elected representatives. |
| Mixed workforce | How the relevant arrangements work together so nobody is missed. |
| Forum or committee | Whether a legal committee duty applies and what suitable discussion arrangements are needed. |
HSE identifies the GB 1977 and 1996 regimes, which may both apply. Do not replace a required representative arrangement with a manager nominated by the employer.
Give the discussion information, time and an outcome
- Explain the proposed change or issue and the relevant risks and options.
- Provide usable information and time for employees or representatives to consider it.
- Ask about practical problems, affected groups and possible solutions.
- Consider the views before deciding.
- Explain the outcome and reasons, assign action and check implementation.
Use accessible communication and include all relevant shifts. Keep a proportionate record of issues, decisions and action without turning the process into a document exercise.
Support representatives and understand their roles
HSE’s representative guidance discusses appropriate forums and involvement in relevant investigations and inspections. Rights and functions differ between the regimes, so check the applicable requirements for time, information, training and facilities.
A committee can provide a useful forum, and specific duties may require one. Give health and safety adequate attention rather than adding it to the end of an agenda with no time to resolve action.
NI employers should follow HSENI’s consultation and communication guidance and the NI legislation.
Example: consult before changing a work area
A manager proposes a new equipment position. Workers identify a conflict with the route used for deliveries and an access difficulty during cleaning. The manager considers those points before finalising the layout and controls.
The team receives the decision, reasons and updated arrangements. A follow-up during normal work checks whether the identified problems were resolved.
Common mistakes
- Consultation after the decision is irreversible.
- Only the day shift is included.
- No response to suggestions.
- Assuming every representative has identical statutory functions.
Next steps
Identify the representative routes for your workforce and use the next proposed safety-related change to test the process. Allow input before deciding and close the loop with reasons and action.
Relevant next resource
Level 3 Health & Safety in the Workplace
The current Level 3 Health and Safety course supports management responsibilities and supervising staff; consultation arrangements must still follow the applicable legal route.
From £43.50 GBP
Available
View certification