Triggering employee voice under the European Information and Consultation Directive: a non-union case study

Niall Cullinane, Eugene Hickland, Tony Dundon, Tony Dobbins, Jimmy Donaghey

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8 Citations (Scopus)


The transposition of the 2002/14/EC Directive, establishing a general framework for information and consultation (I&C), has proven contentious in largely voluntarist systems of employment regulation. Receiving particular criticism is the employee ‘opt-in’ mechanism as a means to access I&C rights. For non-union employees in particular, the ability and potential to negotiate rights for I&C is widely seen to be problematic. This article uniquely examines the opt-in mechanism in the context of non-unionism, considering how non-union employers respond to non-union employees invoking their legislative rights to I&C. Drawing upon a case study conducted over four years in a large non-union multinational, the evidence shows how the opt-in and negotiation process function to the advantage of the employer rather than the intended regulatory impact to advance employee rights.

Original languageEnglish
Pages (from-to)629-655
Number of pages27
JournalEconomic and Industrial Democracy
Issue number4
Publication statusPublished - Nov 2017


  • case study
  • employee voice
  • Information and Consultation Directive
  • non-unionism

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