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.
| Statutory Instrument | |
 | |
| Citation | SI 2004/3426 |
|---|---|
| Text of the Information and Consultation of Employees Regulations 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Contents
editThe 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,[4] 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".[5]
See also
editNotes
edit- ^ ICER 2004 reg 20
- ^ Junk v Kühnel (2005) C-188/03, [43] and ICER 2004 reg 20(4)(d)
- ^ ICER 2004 regs 22 – 23, e.g. Amicus v Macmillan Publishers Ltd [2007] IRLR 378 Elias J imposed a £55,000 penalty on an employer who failed to set up an election for employee representatives.
- ^ ICER 2004 reg 7(2) as amended by the Employment Rights (Miscellaneous Amendments) Regulations 2019/731 Pt 4 reg.16(3) reducing the threshold from 10%
- ^ ICER 2004 reg 20(4)(c)
References
edit- 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