LRD guides and handbook November 2016

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

Introduction

Introduction [pages 5-6] (652 words)

For more than ten years the UK has had regulations on the statute book through which employees and their representatives can require employers to ...
Open access

Chapter 1

1. Information and consultation – pluses and minuses [ch: 1 pages 7-11] (1,751 words)

The ICE regulations potentially provide employees and/or employee representatives with additional rights to be informed and consulted over a wider ...
Subscribers only

Chapter 2

2. The ICE regulations and who is covered [ch 2: page 12] (228 words)

The purpose of the ICE regulations is to establish machinery for information and consultation in undertakings with 50 or more employees. ICE ...
Subscribers only

Where the regulations apply [ch 2: page 12] (194 words)

Undertaking [ch 2: page 12] (244 words)

Undertaking too broad [ch 2: pages 12-13] (271 words)

Undertaking challenged [ch 2: page 13] (245 words)

Who the regulations cover [ch 2: pages 14-15] (207 words)

Restrictions on contracting out [ch 2: page 15] (155 words)

Regulations referred to in Chapter 2 [ch 2: page 15] (89 words)

Chapter 3

3. How the ICE regulations are supposed to operate [ch 3: page 16] (129 words)

This chapter sets out briefly the sequence of events that could lead to a functioning ICE agreement. It also flags up points to consider and problems ...
Subscribers only

Employee ICE initiative [ch 3: pages 16-17] (420 words)

Employer ICE initiative [ch 3: page 17] (79 words)

Negotiations to conclude an agreement [ch 3: page 17] (241 words)

Putting a negotiated ICE agreement into practice [ch 3: page 18] (223 words)

Enforceability [ch 3: page 18] (86 words)

Chapter 4

4. Starting the ICE process [ch 4: page 19] (58 words)

Problems can easily arise at the start of the ICE process, with an employee ICE request or an employer notification. In particular it can be ...
Subscribers only

Employee data [ch 4: pages 19-20] (454 words)

Data complaints rejected [ch 4: page 20] (281 words)

Fragmentation justifies more detailed data request [ch 4: pages 20-21] (230 words)

Who can make a data request [ch 4: page 21] (239 words)

The 10% trigger [ch 4: page 22] (164 words)

Submitting the employee request [ch 4: page 22] (332 words)

What happens following a valid employee request [ch 4: page 23] (278 words)

Employer ICE notification [ch 4: pages 23-24] (210 words)

Regulations referred to in Chapter 4 [ch 4: page 24] (57 words)

Chapter 5

5. Pre-existing agreements and restrictions [ch 5: page 25] (59 words)

An employee ICE request may run into difficulties if there is a pre-existing arrangement for informing and consulting employees, or if the ICE ...
Subscribers only

Pre-existing agreements [ch 5: pages 25-26] (507 words)

Using a pre-existing agreement to block an ICE request [ch 5: pages 26-27] (525 words)

Challenging a ballot where there is a pre-existing agreement [ch 5: pages 27-28] (432 words)

Pre-existing agreement ballot time limit exceeded [ch 5: pages 28-29] (264 words)

Pre-existing agreement claim rejected [ch 5: page 29] (227 words)

Three-year restrictions where the ICE process has been used [ch 5: pages 29-30] (290 words)

Regulations referred to in Chapter 5 [ch 5: page 30] (138 words)

Chapter 6

6. The negotiating process [ch 6: page 31] (62 words)

Following a valid employee ICE request or employer notification, negotiations with appointed or elected “negotiating representatives” should ...
Subscribers only

Getting started [ch 6: page 31] (122 words)

Negotiating representatives [ch 6: pages 31-32] (397 words)

Voting arrangements “fall short” [ch 6: page 32] (228 words)

Negotiating for groups of undertakings or parts of the undertaking [ch 6: page 33] (201 words)

Negotiating time limits [ch 6: pages 33-34] (316 words)

Reaching a negotiated agreement [ch 6: page 34] (169 words)

Failure to appoint or elect reps [ch 6: pages 34-35] (220 words)

Failure to negotiate [ch 6: pages 34-35] (254 words)

Regulations referred to in Chapter 6 [ch 6: page 35] (110 words)

Chapter 7

7. The standard provisions [ch 7: page 36] (159 words)

ICE arrangements come in two formats, “standard” or “negotiated”. The presumption is that, whether the process is started by the employer or ...
Subscribers only

Information [ch 7: page 36] (215 words)

Suggested information on activities and economic situation [ch 7: page 37] (191 words)

Suggested information on employment [ch 7: page 37] (111 words)

Suggested information on work organisation and contracts [ch 7: pages 37-38] (171 words)

Timely information [ch 7: page 38] (193 words)

Consultation [ch 7: pages 38-39] (397 words)

When and where the standard provisions apply [ch 7: pages 39-40] (260 words)

Information and consultation representatives [ch 7: pages 40-41] (602 words)

Time off and training [ch 7: pages 41-42] (237 words)

Regulations referred to in Chapter 7 [ch 7: page 42] (73 words)

Chapter 8

8. Negotiated information and consultation agreements [ch 8: page 43] (244 words)

The regulations are written on the basis that an employee request or employer notification will lead to negotiations and conclude with a negotiated ...
Subscribers only

What negotiated agreements must provide for [ch 8: pages 43-44] (474 words)

How consultation should be organised [ch 8: pages 45-46] (710 words)

ICE reps or direct consultation? [ch 8: pages 46-47] (211 words)

Direct consultation [ch 8: page 47] (167 words)

Model ICE agreement in the print sector [ch 8: pages 47-49] (460 words)

Regulations referred to in Chapter 8 [ch 8: page 49] (44 words)

Chapter 9

9. Confidentiality and protection [ch 9: page 50] (120 words)

Employers may have concerns about disclosing confidential information in the course of informing and consulting employees. Reps and employees may ...
Subscribers only

Confidential information [ch 9: pages 50-51] (538 words)

Consequences of disclosing confidential information [ch 9: pages 51-52] (237 words)

Non-disclosure [ch 9: page 52] (165 words)

Protection [ch 9: pages 52-53] (465 words)

Regulations referred to in Chapter 9 [ch 9: page 53] (64 words)

Chapter 10

10. Enforcement [ch 10: page 54] (126 words)

Complaints about the operation of the regulations can be made at many points in the proceedings, as previous chapters have shown. That can be done ...
Subscribers only

Informal channels [ch 10: page 54] (201 words)

Formal proceedings [ch 10: pages 54-55] (496 words)

Employer’s failure to comply with an agreement or the standard provisions [ch 10: pages 56-57] (688 words)

Penalties [ch 10: pages 57-58] (247 words)

Tribunals and Early Conciliation [ch 10: page 58] (200 words)

Regulations referred to in Chapter 10 [ch 10: page 58] (63 words)

Chapter 11

11. ICE arrangements in practice [ch 11: page 59] (53 words)

If properly applied, ICE arrangements should result in employees and their representatives knowing about and being given an opportunity to influence ...
Subscribers only

Workplace conditions [ch 11: page 59] (131 words)

Challenging employment policy changes [ch 11: pages 59-60] (390 words)

ICE bodies and unions [ch 11: pages 60-61] (550 words)

Chapter 12

12. Other information and consultation rights [ch 12: page 62] (165 words)

The ICE regulations are not the only legally enforceable information and consultation rights available, although they are the most general. Like the ...
Subscribers only

Regulatory overlap [ch 12: pages 62-63] (436 words)

Confusion over consultation [ch 12: page 63] (89 words)

Consultation over collective redundancies [ch 12: pages 63-64] (520 words)

Consultative committee had insufficient powers [ch 12: page 65] (94 words)

Consultation over a business transfer (TUPE) [ch 12: page 65-66] (482 words)

Consultation on pension scheme changes [ch 12: pages 66-67] (295 words)

Information for collective bargaining purposes [ch 12: pages 67-68] (258 words)

Health and safety consultation [ch 12: pages 68-69] (419 words)

European Works Councils [ch 12: pages 69-70] (346 words)

Other European information and consultation rights [ch 12: page 70] (51 words)

Further information

Further information (320 words)

* Law at Work 2016 (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1827) ...
Subscribers only