National level information and consultation

Since April 2005, under the Information and Consultation of Employees Regulations 2004, UK employers have to establish consultation bodies for the information and consultation of employees (known as ICE) if 10% of the workforce requests it. Once in place, the terms of reference of the ICE body can only be changed if 40% of the workforce votes in favour.

The ICE is the body through which the employer should consult with reps on the situation, structure and probable development of employment and future job plans.

Initially, the law only applied in firms where there are 150 or more employees but since 2008, it has extended to all workplaces with 50 or more employees. Part-time workers are counted, although those working fewer than 75 hours per month can each be counted as half an employee if the employer so wishes. The legislation excludes casual and agency staff from the calculation of the number of employees.

In a successful claim brought by general union Amicus (now part of the Unite union) publishing firm Macmillan became the first employer fined for a breach of its duty to consult under the ICE Regulations. Describing the company’s responses to the Central Arbitration Committee (which has responsibility for decisions under ICE) as “vague” and “fudged”, the EAT fined Macmillan £55,000 (Amicus v Macmillan Publishers Ltd UKEAT/0185/07).