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When to consult

There is no legal set time limit but you must consult in good time. You need enough time:

  • to explain the issues to employees;
  • for them to consider it and get back to you with informed responses; and
  • for you to consider their response before you make a final decision.

It is advisable to consult promptly and regularly. Regular consultation is better than consulting on a case-by-case basis as issues arise because it allows you to spot potential problems early.

How long the consultation takes will depend on:

  • the complexity of what you are asking the workforce to consider;
  • how many people you are consulting; and
  • how you are consulting them.

If you have a simple issue where you need to consult a smaller number of representatives, you can probably do this in a few days - or deal with it routinely through regular channels of consultation.

If it is a technical matter requiring time for consideration, or consulting an entire large workforce, you will need longer.

For unexpected issues you will not have had time to plan consultation so consider if the issue can be dealt with through one of your normal consultation methods, or if you need to do something different like hold a one-off meeting. The key is to work these matters into your consultation process so that you do listen to the views of your workforce and the issue is not overlooked.

Have procedures in place for settling disagreements about health and safety with employees or their representatives. Consultation will not always result in agreement but you should be able to resolve differences of opinion by being open, explaining the reasons behind decisions, and following agreed procedures for resolving problems.

Good practice

Link URLs in this page

  1. Worker involvementhttps://www.hse.gov.uk/involvement/index.htm
  2. The basicshttps://www.hse.gov.uk/involvement/basics.htm
  3. Health and safety representativehttps://www.hse.gov.uk/involvement/hsrepresentatives.htm
  4. Overview - Preparehttps://www.hse.gov.uk/involvement/prepare/index.htm
  5. Talk to your employeeshttps://www.hse.gov.uk/involvement/talktoyouremployees.htm
  6. Facts and figureshttps://www.hse.gov.uk/involvement/factsfigures.htm
  7. Overview - What the law sayshttps://www.hse.gov.uk/involvement/prepare/law/index.htm
  8. Which regulations applyhttps://www.hse.gov.uk/involvement/prepare/law/flowchart.htm
  9. 1977 regulationshttps://www.hse.gov.uk/involvement/prepare/law/1977.htm
  10. 1996 regulationshttps://www.hse.gov.uk/involvement/prepare/law/1996.htm
  11. Both regulationshttps://www.hse.gov.uk/involvement/prepare/law/bothregs.htm
  12. Employment protectionhttps://www.hse.gov.uk/involvement/prepare/law/empprotection.htm
  13. Overview - Gain commitmenthttps://www.hse.gov.uk/involvement/prepare/commitment/index.htm
  14. How to encourage employees to be health and safety representativeshttps://www.hse.gov.uk/involvement/prepare/commitment/encemployees.htm
  15. Overview - Union-appointed repshttps://www.hse.gov.uk/involvement/prepare/union/index.htm
  16. Representhttps://www.hse.gov.uk/involvement/prepare/union/represent.htm
  17. Attend training courseshttps://www.hse.gov.uk/involvement/prepare/union/attendtraining.htm
  18. Contact with inspectorshttps://www.hse.gov.uk/involvement/prepare/union/contact.htm
  19. Workforce-elected repshttps://www.hse.gov.uk/involvement/workerelectedreps.htm
  20. Overview - Elections for representativeshttps://www.hse.gov.uk/involvement/elections/index.htm
  21. How many representatives?https://www.hse.gov.uk/involvement/elections/howmany.htm
  22. How often will elections take place?https://www.hse.gov.uk/involvement/elections/howoften.htm
  23. Encourage and involve employeeshttps://www.hse.gov.uk/involvement/elections/encourage.htm
  24. Fair and open electionhttps://www.hse.gov.uk/involvement/elections/fairandopen.htm
  25. Overview - Prepare-good practice tipshttps://www.hse.gov.uk/involvement/preparetips/index.htm
  26. Consult your workforcehttps://www.hse.gov.uk/involvement/preparetips/norep.htm
  27. Joint involvementhttps://www.hse.gov.uk/involvement/preparetips/jointinv.htm
  28. Don't decide for your workershttps://www.hse.gov.uk/involvement/preparetips/decision.htm
  29. Reflect diversityhttps://www.hse.gov.uk/involvement/preparetips/diversity.htm
  30. Train your repshttps://www.hse.gov.uk/involvement/preparetips/reptraining.htm
  31. Give it timehttps://www.hse.gov.uk/involvement/preparetips/time.htm
  32. Shared perspectivehttps://www.hse.gov.uk/involvement/preparetips/training.htm
  33. Overview - Planhttps://www.hse.gov.uk/involvement/plan.htm
  34. Factors to considerhttps://www.hse.gov.uk/involvement/factorstoconsider.htm
  35. Overview - What to consult abouthttps://www.hse.gov.uk/involvement/whattoconsult.htm
  36. A competent personhttps://www.hse.gov.uk/involvement/competentperson.htm
  37. Risk assessmentshttps://www.hse.gov.uk/involvement/riskassessments.htm
  38. When to consulthttps://www.hse.gov.uk/involvement/whentoconsult.htm
  39. Overview - Traininghttps://www.hse.gov.uk/involvement/training.htm
  40. Training Providershttps://www.hse.gov.uk/involvement/trainingproviders.htm
  41. Planning checklisthttps://www.hse.gov.uk/involvement/planningchecklist.htm
  42. Overview - Plan-good practice tipshttps://www.hse.gov.uk/involvement/plantips/index.htm
  43. Scope of consultationhttps://www.hse.gov.uk/involvement/plantips/consult.htm
  44. Consult employeeshttps://www.hse.gov.uk/involvement/plantips/involve.htm
  45. Provide feedbackhttps://www.hse.gov.uk/involvement/plantips/feedback.htm
  46. Address health issueshttps://www.hse.gov.uk/involvement/plantips/healthissues.htm
  47. Involve employeeshttps://www.hse.gov.uk/involvement/plantips/invemployees.htm
  48. Overview - Consulthttps://www.hse.gov.uk/involvement/consulttips/consult.htm
  49. Overview - What your duties arehttps://www.hse.gov.uk/involvement/yourduties.htm
  50. Allow paid time offhttps://www.hse.gov.uk/involvement/paidtimeoff.htm
  51. Provide facilities and assistancehttps://www.hse.gov.uk/involvement/facilities.htm
  52. Provide informationhttps://www.hse.gov.uk/involvement/provideinformation.htm
  53. Overview - How to involve your employeeshttps://www.hse.gov.uk/involvement/involveemployees.htm
  54. Consulting directly with employeeshttps://www.hse.gov.uk/involvement/facetoface.htm
  55. Consulting indirectly with employeeshttps://www.hse.gov.uk/involvement/indirectly.htm
  56. Where English is not the first languagehttps://www.hse.gov.uk/involvement/englishlang.htm
  57. Overview - Consulting with representativeshttps://www.hse.gov.uk/involvement/representatives.htm
  58. Investigating accidents, hazards and complaintshttps://www.hse.gov.uk/involvement/accidents.htm
  59. Inspections of the workplace https://www.hse.gov.uk/involvement/inspections.htm
  60. Overview - Set up a H&S Committeehttps://www.hse.gov.uk/involvement/hscommittees.htm
  61. How to set up your H&S committeehttps://www.hse.gov.uk/involvement/howtosetup.htm
  62. How your H&S committee will workhttps://www.hse.gov.uk/involvement/agreeprinciples.htm
  63. Membership of your H&S committeehttps://www.hse.gov.uk/involvement/membership.htm
  64. More about membershiphttps://www.hse.gov.uk/involvement/membership-cont.htm
  65. Frequency of meetingshttps://www.hse.gov.uk/involvement/frequency.htm
  66. What your H&S committee will dohttps://www.hse.gov.uk/involvement/whatwillhsdo.htm
  67. Decision makinghttps://www.hse.gov.uk/involvement/committeedecisions.htm
  68. What resources will be neededhttps://www.hse.gov.uk/involvement/committeeresources.htm
  69. Overview - Consult-good practice tipshttps://www.hse.gov.uk/involvement/consulttips/index.htm
  70. Recognise the rolehttps://www.hse.gov.uk/involvement/consulttips/recogniserole.htm
  71. Different work patternshttps://www.hse.gov.uk/involvement/consulttips/workpatterns.htm
  72. Preferenceshttps://www.hse.gov.uk/involvement/consulttips/preferences.htm
  73. Involve the representativehttps://www.hse.gov.uk/involvement/consulttips/involve.htm
  74. Plan a programme of inspectionshttps://www.hse.gov.uk/involvement/consulttips/inspectionplan.htm
  75. Agree the number of representativeshttps://www.hse.gov.uk/involvement/consulttips/repnumber.htm
  76. Inspect togetherhttps://www.hse.gov.uk/involvement/consulttips/inspecttogether.htm
  77. Consult specialistshttps://www.hse.gov.uk/involvement/consulttips/specialists.htm
  78. Break down taskshttps://www.hse.gov.uk/involvement/consulttips/breakdown.htm
  79. Involve a variety of peoplehttps://www.hse.gov.uk/involvement/consulttips/committeereps.htm
  80. Think about minor incidentshttps://www.hse.gov.uk/involvement/consulttips/minorincidents.htm
  81. Plan meetings in advancehttps://www.hse.gov.uk/involvement/consulttips/flexible.htm
  82. Communicatehttps://www.hse.gov.uk/involvement/consulttips/communicate.htm
  83. Keep the datehttps://www.hse.gov.uk/involvement/consulttips/keepdate.htm
  84. Address strategic issueshttps://www.hse.gov.uk/involvement/consulttips/resolve.htm
  85. Agreementshttps://www.hse.gov.uk/involvement/consulttips/agreements.htm
  86. Disagreementshttps://www.hse.gov.uk/involvement/consulttips/disagreements.htm
  87. Overview - Improvehttps://www.hse.gov.uk/involvement/improve/index.htm
  88. Monitoring performancehttps://www.hse.gov.uk/involvement/monitorperformance.htm
  89. Reviewing progresshttps://www.hse.gov.uk/involvement/reviewprogress.htm
  90. Meet the challengeshttps://www.hse.gov.uk/involvement/meetchallenges.htm
  91. Review checklisthttps://www.hse.gov.uk/involvement/reviewchecklist.htm
  92. Overview - Improve-good practice tipshttps://www.hse.gov.uk/involvement/improve/goodpractice.htm
  93. Signs of successhttps://www.hse.gov.uk/involvement/improve/success.htm
  94. Seek help https://www.hse.gov.uk/involvement/improve/seekhelp.htm
  95. Overview - Resourceshttps://www.hse.gov.uk/involvement/resources.htm
  96. Publicationshttps://www.hse.gov.uk/involvement/publications.htm
  97. Overview - Case studieshttps://www.hse.gov.uk/involvement/resources.htm
  98. Devonport Docks https://www.hse.gov.uk/involvement/casestudies/devonport.htm
  99. Overcoming challengeshttps://www.hse.gov.uk/involvement/casestudies/overcomingchallenges.htm
  100. BT Group plchttps://www.hse.gov.uk/involvement/casestudies/btgroup.htm
  101. Springfield Fuelshttps://www.hse.gov.uk/involvement/casestudies/springfield.htm
  102. UCATT North-Westhttps://www.hse.gov.uk/involvement/casestudies/ucatt.htm
  103. University of Leedshttps://www.hse.gov.uk/involvement/casestudies/leeds.htm
  104. Bristol City Councilhttps://www.hse.gov.uk/involvement/casestudies/bristol-city-council.htm
  105. Researchhttps://www.hse.gov.uk/involvement/research.htm
  106. Lord McKenzie speechhttps://www.hse.gov.uk/involvement/mckenzie141008.htm
  107. Overview - Videoshttps://www.hse.gov.uk/involvement/assets/video/index.htm
  108. Judith Hackitthttps://www.hse.gov.uk/involvement/assets/video/judith-hackitt.htm
  109. Useful linkshttps://www.hse.gov.uk/involvement/usefullinks.htm
  110. Involve employees promptly and routinelyhttps://www.hse.gov.uk/involvement/plantips/invemployees.htm
  111. Factors to considerhttps://www.hse.gov.uk/involvement/factorstoconsider.htm
  112. What to consulthttps://www.hse.gov.uk/involvement/whattoconsult.htm
  113. Consulting employees on health and safety: A brief guide to the law INDG232(rev1)https://www.hse.gov.uk/pubns/indg232.pdf
  114. Involving your workforce in health and safety: Good practice for workplaces HSG263https://www.hse.gov.uk/pubns/books/hsg263.htm

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2021-09-30