Employer ICE notification

[ch 4: pages 23-24]

Employers do not have to wait for employees to trigger the ICE process, they can notify employees that they intend to initiate ICE arrangements themselves (regulation 11). This is known as an “employer notification” and, unless challenged by employees or their representatives, negotiations must commence exactly as if an employee request had been made (see Chapter 6)

To initiate negotiations itself, the employer must issue a written notification that:

• states that it intends to start the negotiating process and that the notification is given for the purpose of the ICE regulations;

• states the date on which it is issued; and

• is published in such a manner that the date is brought to the attention of, so far as reasonably practicable, all the employees of the undertaking.

If employees or employees’ representatives want to challenge its validity they may be able to challenge how it was notified and publicised (regulation 11(2)); or they could argue that ICE has already been initiated in the undertaking within the last three years (regulation 12, see page 29). They can apply to the CAC for a declaration (regulation 13(2)) but must do it within a one-month period beginning on the date of the employer notification.