1 IMPLEMENTATION of ICE REGS  6 April organisations with 150+ employees  6 April organisations with 100+ employees  6 April organisations with 50+ employees

2 EXCLUDED ORGANISATIONS  ICE REGS  Less than 50 employees Part-time employees 0.5 persons  Workers not counted  Individual not groups of undertakings  STATUTORY RECOGNITION  Less than 20 workers  Groups of undertakings constitute ONE employer

3 ICE REGULATIONS DTI ESTIMATE 97% OF ORGANISATIONS EXCLUDED FROM SCOPE OF ICE REGS

4 TRIGGERING ICE AGREEMENTS ICE Negotiations Valid Pre-existing Agreement 10% Employee Request Organisations of 50+ Employees Employer initiates Negotiations

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 5

6 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

7 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

8 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

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 9

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? 10

11 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

12 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

13 ENFORCEMENT  THIS SHOULD INCLUDE INJUNCTIVE RELIEF WHERE INFORMATION & CONSULTATION PROCESSES DO NOT TAKE PLACE IN GOOD TIME