Who can make a data request
[ch 4: page 21]A data request can be made by an employee or an employees’ representative. Employee representatives are central to the ICE regulations and they have the right to request employee data (see page 19), play a role in relation to ICE rep ballots (regulation 19 and Schedule 2) (see page 40) and take complaints to the CAC. The phrase is, however, not defined in the regulations.
Government guidance says that this form of words is intended to allow employees to request data through an intermediary “such as a trade union” or some other third party if, for example, employees do not want to identify themselves.
The regulations envisage a role for employee representatives at many other points in the ICE process and they are included in protection from unfair dismissal or detriment (see Chapter 9). However, they do not get a right to paid time off.
The ICE regulations do not refer to trade unions (which the TUC sees as one of their failings). However CAC applications have been taken forward by unions as the employees’ representative at a range of companies, from Newsquest Worcester (see page 29) and Macmillan Publishers (see above) to Sita (see page 28) and GE Aviation (see page 14). In some cases, organisations that do not have recognition at the employer such as the Associated Train Crew Union at Freightliner have used the ICE regulations.