ABSTRACT
This chapter concentrates on the particular form of indirect employees' participation by examining briefly, how these concepts were introduced at European level and how they were implemented in the United Kingdom, considering the general background in this field. It focuses onto the duty to inform and consult in the event of a transfer of undertaking, in order to assess the effectiveness of such mechanisms. If an employer fails to inform and/or consult the appropriate representatives, he can escape any sanctions by putting forward a special defence available in the Regulations. According to Regulation 10(7), an employer is excused from the duty to inform and consult if there are special circumstances. The employer can use this defence only if he proves first that there were 'special circumstances which rendered it not reasonably practicable' for him to perform the duty, and second, that 'he took all such steps towards its performance as were reasonably practicable in those circumstances'.
