LRD guides and handbook November 2016

Using information and consultation rights - a union rep's guide

Chapter 8

Direct consultation

[ch 8: page 47]

In 2007 a complaint was taken to the Industrial Court under the Northern Ireland ICE regulations against car parts manufacturer Montupet UK. An employee backed by the GPMU, now part of the Unite union, complained that the employer had called meetings and given information about its business plan directly to employees when the agreement intended that employees would be informed and consulted by the ICE reps.

The company insisted that it “supplemented and strengthened rather than supplanted” the ICE arrangements, and continued earlier practice. After an unsuccessful conciliation attempt by the Northern Ireland Labour Relations Agency the court ruled that the employer was not in breach of the agreement.

While the business plan was within the remit of the ICE committee (and it would have been preferable if it had been reconvened) that did not preclude the employer from engaging in direct communication with the workforce on issues within the remit of the committee.

Montupet UK 13 February 2008 IC-35/2007

https://www.industrialcourt.gov.uk/sites/industrialcourt/files/decisions/montupet_decision.pdf