Information and Consultation of Employees Regulations 2004

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The Information and Consultation of Employees Regulations 2004 (SI 3426/2004) are a United Kingdom statutory instrument. This follows the EU Information and Consultation of Employees Directive 2002/14/EC establishing a general framework for informing and consulting employees.

Contents[]

The ICE Regulations require that employees are informed and consulted on all contract or workplace organisation changes.[1] Consultation means an "obligation to negotiate" with "a view to reaching agreement".[2] The penalty on an employer for failure to consult or follow the Regulations is up to £75,000 for each violation.[3]

Negotiation and consultation may take place under a voluntary agreement with an employer, particularly through a trade union under a collective agreement. If there is no voluntary agreement, formal consultation procedure may be triggered by at least 2% of employees, and then requires election of a body of all staff. This procedure must "enable the information and consultation representatives to meet the employer at the relevant level of management depending on the subject under discussion".[4]

See also[]

Notes[]

  1. ^ ICER 2004 reg 20
  2. ^ (2005) C-188/03, [43] and ICER 2004 reg 20(4)(d)
  3. ^ ICER 2004 regs 22 – 23, e.g. [2007] IRLR 378 Elias J imposed a £55,000 penalty on an employer who failed to set up an election for employee representatives.
  4. ^ ICER 2004 reg 20(4)(c)

References[]

  • PL Davies and C Kilpatrick, 'UK Worker Representation after Single Channel' (2004) 33 Industrial Law Journal 121
  • KD Ewing and GM Truter, 'The Information and Consultation of Employees' Regulations: Voluntarism's Bitter Legacy' (2005) 68 Modern Law Review 626
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