The ICE regulations: Pre-Existing agreements and standard provisions: A warning to employers

Industrial Law Journal

Volumn 36, Issue 3, 2007, Pages 329-340

  Dukes, Ruth ^a  

^a UNIVERSITY OF GLASGOW   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 34548634225     PISSN: 03059332     EISSN: 14643669     Source Type: Journal    
DOI: 10.1093/indlaw/dwm019     Document Type: Note

References (22)

1. As of 29 July 2007, nine further applications have been made. Of these nine, six have been withdrawn and three are pending .
2. Case Number: IC/3/(2005) 9 December 2005.
3. Stewart v Moray Council [2006] IRLR 592 (EAT).
4. Amicus and Macmillan Publishers Ltd, Case Number: IC/4/(2005) 22 February 2006, Case Number: IC/8/(2006) 16 February 2007; Appeal Number: UKEAT/0185/RN.
5. EC Directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and community-scale groups of undertakings for the purposes of informing and consulting employees.
6. M. Hall, 'Assessing the Information and Consultation of Employees Regulations' (2005) 34 ILJ 103 at 122.
7. See, in particular: Commission of the European Community, Communication on Worker Information and Consultation, COM (95) 457 14.11.1995.
8. See EC Directive 2002/14, Recitals 7-14.
9. Timely information and consultation of employees can improve risk anticipation, increase flexibility and competitiveness: It is 'a prerequisite for the success and the restructuring and adaptation of undertakings to the new conditions created by globalisation of the economy'. EC Directive 2002/14, Recital 9.
10. Under Art 11, Member States are allowed the choice of implementing the Directive by way of legislation or by way of collective agreement reached between management and labour. Under Art 5, States are permitted to entrust management and labour 'at the appropriate level' with negotiating the establishment of an I&C procedure.
11. Department of Trade and Industry, High Performance Workplaces: The role of employee involvement in a modern economy (DTI, July 2002);
12. Department of Trade and Industry, High Performance Workplaces: informing and consulting employees (DTI, July 2003).
13. By or on behalf of the employer and by all the negotiating representatives or by at least 50% of them, in which case, the support of 50% of the employees will also be required: ICE regulation 16.
14. ICE regulation 16.
15. 23 September 1996, TICE, reg 45.
16. ICE, reg 2.
17. K. Ewing and G. Truter,'The Information and Consultation of Employees Regulations: Voluntarism's Bitter Legacy' (2005) 68 MLR 626 at 631.
18. Hall (2005), above n 6 at 113.
19. DTI Guidance (January 2006), p 20.
20. M. Hall, 'A cool response to the ICE Regulations? Employer and trade union approaches to the new legal framework for information and consultation' (2006) 37 Industrial Relations Journal 456 at 466.
21. 'The parties are under a duty, when negotiating or implementing a negotiated agreement or when implementing the standard information and consultation provisions, to work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests of both the undertaking and the employees'.
22. This is documented in the report of the CAC decision.