7. The standard provisions
[ch 7: page 36]ICE arrangements come in two formats, “standard” or “negotiated”. The presumption is that, whether the process is started by the employer or the employees, the two sides will reach a negotiated agreement.
However, where these negotiations do not start, or fail to reach a conclusion within the time allowed, the regulations provided for “default” or “fall-back” arrangements, known as the standard information and consultation provisions (referred to here as the “standard provisions”). These set out in detail the ICE arrangements that must be implemented.
ICE negotiators need to be aware of these standard provisions, as they will apply if the negotiations fail, and so are likely to strongly influence the outcome of the negotiations. This chapter, therefore, sets out the standard provisions, starting with information the employer should provide, the consultation they are expected to carry out, and the election of information and consultation representatives to put ICE arrangements into operation.