ICE reps or direct consultation?

Unlike the situation under the standard provisions, a negotiated agreement can allow the employer to inform and consult either individual employees or ICE reps (regulation 16(1)(f)). It means the ICE regulations could be used to bring in a form of direct employee involvement rather than a representative system.

Government guidelines go further, suggesting that a negotiated agreement can provide for information and consultation both with individual employees and ICE reps. A system of that kind at car parts manufacturer Montupet UK (see below) was supported by the Northern Ireland Industrial Court in 2007, in the only published enforcement decision under the separate Northern Ireland ICE regulations (see page 12).

Under a negotiated agreement the parties are also free to decide the rules covering ICE reps, if there are to be any. They might be the former negotiating representatives, but do not have to be. Government guidelines say: “If it is agreed there should be I&C representatives, it is also for the parties to decide how many there will be, how they will be appointed or elected, who they will represent, how long they will serve for, how they may be replaced, and whether anyone other than an employee may be a representative”.