1

IMPLEMENTATION of ICE REGS

6 April 2005 - organisations with 150+ employees

6 April 2007 - organisations with 100+ employees

6 April 2008 - organisations with 50+ employees

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EXCLUDED ORGANISATIONS

ICE REGS Less than 50

employees Part-time

employees 0.5 persons

Workers not counted Individual not groups

of undertakings

STATUTORY RECOGNITION

Less than 20 workers Groups of

undertakings constitute ONE employer

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ICE REGULATIONS

DTI ESTIMATE 97% OF ORGANISATIONSEXCLUDED FROM SCOPE OF ICE REGS

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TRIGGERING ICE AGREEMENTS

PRE-EXISTING AGREEMENTS

Can be Recognition Agreements For ICE purposes extend to cover all

employees Only need approval of Union Reps PEAs can be overturned by 40% of

employees or by secret ballot AMICUS v Macmillan

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6

NEGOTIATING an ICE AGREEMENT

Negotiating reps may be elected or appointed

Nine months to agree reps & negotiate agreement

BUT this can be extended if the majority of reps agree

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VALID ICE AGREEMENTS

MUST BE In writing Dated Signed by employer

Approved by ALL negotiating reps OR by at least 50% of employees in writing

Can provide for DIRECT forms of information & consultation

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STATUTORY WORKS COUNCILS

ICE Fallback provisions 2 – 25 elected representatives Information on

recent and probable development in activities & economic situation

Information & CONSULTATION Structure of employment & anticipatory

measures threatening it Changes to work organisation or in contractual

relations

INDIVIDUAL RIGHTS

Rights to time off only given to ICE Reps Does not extend to training Extend Time Off Agreements ICE Reps/Election Candidates protected

by Dismissal/Detriment Provisions Other EMPLOYEES protected when

involved in ICE processes Collecting signatures not expressly

covered9

CONFIDENTIALITY

Reg 25 enables employers to prevent ICE Reps from disclosing information deemed confidential

ICE Rep loses protection of dismissal/detriment provisions and may incur legal liability

Better to refuse to accept such information?

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CONSEQUENCES OF ICE REGS

Recognised UnionsWider than current statutory

duties TUPE & collective redundancies Covers takeovers and mergers

Non-Recognised Unions Stepping stone to recognition

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CONCLUSIONS

Strengthen ICE provisions Workers as well as employees Apply to groups of undertakings Apply to all undertakings of 20+

Employer obliged to ballot for election of Negotiating Representatives where no recognised TU

Fallback provisions automatically applyafter 6 months

Should include basic constitution

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ENFORCEMENT

THIS SHOULD INCLUDE INJUNCTIVE RELIEF WHERE INFORMATION & CONSULTATION PROCESSES DO NOT TAKE PLACE IN GOOD TIME