Information and Consultation of Employees Regulations 2004

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Information and Consultation of Employees Regulations 2004
Statutory Instrument
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Citation SI 2004/3426
Dates
Made21 December 2004
Commencement 6 April 2005
Other legislation
Made under
Text of statute as originally enacted
Text of the Information and Consultation of Employees Regulations 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Information and Consultation of Employees Regulations 2004 (SI 2004/3426) are a United Kingdom statutory instrument. This follows the EU Information and Consultation of Employees Directive 2002/14/EC establishing a general framework for informing and consulting employees.

Contents

Contents

The ICE Regulations require that employees are informed and consulted on all contract or workplace organisation changes. [1] Consultation means an "obligation to negotiate" with "a view to reaching agreement". [2] The penalty on an employer for failure to consult or follow the Regulations is up to £75,000 for each violation. [3]

Negotiation and consultation may take place under a voluntary agreement with an employer, particularly through a trade union under a collective agreement. If there is no voluntary agreement, formal consultation procedure may be triggered by at least 2% of employees, [4] and then requires election of a body of all staff. This procedure must "enable the information and consultation representatives to meet the employer at the relevant level of management depending on the subject under discussion". [5]

See also

Notes

  1. ↑ ICER 2004 reg 20
  2. ↑ Junk v Kühnel (2005) C-188/03, [43] and ICER 2004 reg 20(4)(d)
  3. ↑ ICER 2004 regs 22 – 23, e.g. Amicus v Macmillan Publishers Ltd [2007] IRLR 378 Elias J imposed a £55,000 penalty on an employer who failed to set up an election for employee representatives.
  4. ↑ ICER 2004 reg 7(2) as amended by the Employment Rights (Miscellaneous Amendments) Regulations 2019/731 Pt 4 reg.16(3) reducing the threshold from 10%
  5. ↑ ICER 2004 reg 20(4)(c)

References

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