Regulating for mutual gains? Non-union employee representation and the Information and Consultation Directive

Interest in ‘mutual gains’ has principally been confined to studies of the unionised sector. Yet there is no reason why this conceptual dynamic cannot be extended to the non-unionised realm, specifically in relation to non-union employee representation (NER). Although extant research views NER as unfertile terrain for mutual gains, the paper examines whether NER developed in response to the European Directive on Information and Consultation (I&C) of Employees may offer a potentially more fruitful route. The paper examines this possibility by considering three cases of NER established under the I&C Directive in Ireland, assessing the extent to which mutual gains were achieved.