IMPLEMENTATION of ICE
REGS
6 April 2005 - organisations
with 150+ employees
6 April 2007 - organisations
with 100+ employees
6 April 2008 - organisations
with 50+ employees
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EXCLUDED
ORGANISATIONS
 ICE REGS
 STATUTORY
 Less than 50
RECOGNITION
 Less than 20 workers
 Groups of
undertakings
constitute ONE
employer
employees

Part-time
employees 0.5
persons
 Workers not counted
 Individual not groups
of undertakings
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ICE REGULATIONS
DTI ESTIMATE 97%
OF ORGANISATIONS
EXCLUDED FROM
SCOPE OF ICE REGS
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TRIGGERING ICE
AGREEMENTS
ICE Negotiations
Valid
Pre-existing
Agreement
10% Employee
Request
Employer
initiates
Negotiations
Organisations of
50+ Employees
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PRE-EXISTING
AGREEMENTS
 Can be Recognition Agreements

For ICE purposes extend to cover all
employees
 Only need approval of Union Reps
 PEAs can be overturned by 40% of
employees or by secret ballot
 AMICUS v Macmillan
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NEGOTIATING an ICE
AGREEMENT
Negotiating reps may be
elected or appointed
Nine months to agree reps &
negotiate agreement
BUT this can be extended if the
majority of reps agree
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VALID ICE AGREEMENTS
 MUST BE



In writing
Dated
Signed by employer
 Approved by ALL negotiating reps OR by
at least 50% of employees in writing
 Can provide for DIRECT forms of
information & consultation
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STATUTORY WORKS
COUNCILS
 ICE Fallback provisions
 2 – 25 elected representatives
 Information on

recent and probable development in
activities & economic situation
 Information & CONSULTATION
 Structure of employment & anticipatory
measures threatening it
 Changes to work organisation or in contractual
relations
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INDIVIDUAL RIGHTS
 Rights to time off only given to ICE Reps
 Does not extend to training
 Extend Time Off Agreements
 ICE Reps/Election Candidates protected
by Dismissal/Detriment Provisions
 Other EMPLOYEES protected when
involved in ICE processes

Collecting signatures not expressly
covered
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CONFIDENTIALITY
 Reg 25 enables employers to prevent
ICE Reps from disclosing information
deemed confidential
 ICE Rep loses protection of
dismissal/detriment provisions and may
incur legal liability
 Better to refuse to accept such
information?
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CONSEQUENCES
OF ICE REGS
Recognised Unions
Wider than current statutory
duties


TUPE & collective redundancies
Covers takeovers and mergers
Non-Recognised Unions
Stepping stone to recognition
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CONCLUSIONS
 Strengthen ICE provisions
 Workers as well as employees
 Apply to groups of undertakings
 Apply to all undertakings of 20+
 Employer obliged to ballot for election of
Negotiating Representatives where no
recognised TU
 Fallback provisions automatically apply
after 6 months
 Should include basic constitution
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ENFORCEMENT

THIS SHOULD INCLUDE
INJUNCTIVE RELIEF WHERE
INFORMATION &
CONSULTATION
PROCESSES DO NOT TAKE
PLACE IN GOOD TIME
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