Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employee relationsEmployment lawInformation & consultation

Information and consultation: legal Q&A

by Personnel Today 20 Aug 2007
by Personnel Today 20 Aug 2007

Macmillan Publishers has recently been fined £55,000 for failing to comply with the Information and Consultation of Employees Regulations 2004 (ICE Regulations). This is the first penalty awarded under the ICE Regulations, which were recently extended to cover organisations with 100 or more employees.

Q Do the regulations apply to all employers?

A They apply to organisations that employ 100 or more employees in the UK. This will be extended to organisations that employ 50 or more people from April 2008.

Q How should the number of employees be calculated?

A The employer is required to work out the average number of employees employed at its company over the previous 12 months. As the regulations apply to employees only, agency workers, consultants and independent contractors should not be counted. An employer may count a part-time worker as half an employee (if they are contracted to work for 75 hours or less a month), although it is not obliged to do so.

Q If an organisation employs 100 or more employees but it does not have a pre-existing information and consultation arrangement in place, what are its obligations?

A It is not obliged to do anything and can lawfully have no information and consultation arrangements in place. However, it will be vulnerable to a request at any time and may want to take control by initiating negotiations to put arrangements in place.

Q How can an employer be forced to start negotiations by its employees?

A Unless the employer has a pre-existing arrangement in place, the regulations state that, on receiving a valid request from the workforce, the employer must establish information consultation procedures. For an employee request to be valid, it must be made by at least 10% of the workforce (subject to a minimum of 15 and a maximum of 2,500 employees). The request must be in writing and must be dated. It must not be made within three years of a previous employee request (or employer notification) that has resulted in either a negotiated agreement or a rejection of the request by the workforce. The regulations permit the requisite number of employees to submit individual written requests within a six-month time frame. The required 10% can therefore be built up over a six-month period.

Q How can a pre-existing arrangement affect whether or not an employer is required to start negotiations immediately?

A Where there is no pre-existing agreement, the employer must, as soon as is reasonably practical (but in any event within three months), begin negotiations for an agreement. However, where, at the date of the request, there is a pre-existing agreement in place and the request is made by at least 10% but less than 40% of the workforce, the employer may choose whether to commence negotiations immediately or to organise a ballot to determine if the workforce endorses the request. The request is endorsed if a majority of those voting and at least 40% of the workforce vote in favour of it. If not, the pre-existing agreement will continue and a further request cannot be made for three years.

Q Where the employer is required to start negotiating, with whom should the negotiations begin?

A The employer must, within three months, make arrangements for the employees to appoint or elect negotiating representatives. There are no pre-defined rules on how the representatives should be chosen, but employers must ensure that all employees employed in the undertaking can take part in the appointment or election of representatives and that all employees are represented during the negotiations. The employer should then inform the employees who has been elected or appointed and invite the representatives to negotiate. Negotiations may last up to six months, starting three months after the notification request was made. This period may be extended by agreement between the employer and the negotiating representatives.

Q What happens if the employer and employees cannot reach an agreement?

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

A Where the parties have negotiated, but have not reached agreement nine months after a valid request was received, there are statutory standard information and consultation provisions that will apply. Generally, it is in the employer’s interest to try to avoid these provisions being deemed to apply as they are prescriptive (for example, regarding the number and election of representatives) and lack the flexibility of pre-existing agreements.

Sarah-Marie Williams,
Solicitor, employment team,
Clyde & Co

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Australia looking to tempt British workers Down Under with changes to its immigration policy
next post
Cabinet Office leadership and skills targets slammed as unclear by MPs

You may also like

How can HR prepare for changes to the...

3 Jul 2025

Government publishes ‘roadmap’ for Employment Rights Bill

2 Jul 2025

Employers’ duty of care: keeping workers safe in...

27 Jun 2025

When will the Employment Rights Bill become law?

26 Jun 2025

Fear of confrontation means disputes escalate – research

25 Jun 2025

Seven ways to prepare now for the Employment...

20 Jun 2025

Poundland closures mean over 1,000 jobs at risk

18 Jun 2025

The employer strikes back: the rise of ‘quiet...

13 Jun 2025

Data ‘blind spots’ blighting employee relations

13 Jun 2025

Lawyers warn over impact of Employment Rights Bill...

13 Jun 2025

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+