The overlap between the ICE regulations and the requirement to consult on collective redundancies can give rise to confusion. In 2009 a complaint against Ocado Limited was taken to the CAC, over alleged non-compliance with ICE regulations on the appointment or election of negotiating representatives. The employer was able to argue that what was taking place was a one-off consultation on changing terms and conditions, under section 188 of TULRCA and the case was dismissed.

Ocado Limited 1 June 2009 IC/24/(2009)

http://webarchive.nationalarchives.gov.uk/20140701192834/http://www.cac.gov.uk/index.aspx?articleid=2684