National level information and consultation

Under the Information and Consultation of Employees Regulations 2004 (the ICE regulations), UK employers must 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 body should be used by the employer to consult with reps about the organisation’s situation, structure and probable development of employment and future job plans.

The ICE regulations apply to all workplaces with 50 or more employees. Part-time workers are counted in this calculation, although individuals working fewer than 75 hours per month can each be counted as half an employee if the employer so wishes. Casual and agency staff are not included in the calculation.

In a successful claim by general union Amicus (now Unite), publishing firm Macmillan became the first employer to be fined for breaching its consultation duty under the ICE regulations. The EAT fined Macmillan £55,000, describing the company’s responses to the Central Arbitration Committee as “vague” and “fudged” (Amicus v Macmillan Publishers Ltd UKEAT/0185/07).