1 IMPLEMENTATION of ICE REGS  6 April 2005 - organisations with 150+ employees  6 April 2007 - organisations with 100+ employees  6 April 2008 - organisations.

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Presentation transcript:

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 150+ Employees Employer initiates Negotiations

5 NEGOTIATING an ICE AGREEMENT  Negotiating reps may be elected or appointed  Six months to negotiate agreement  BUT this can be extended if the majority of reps agree

6 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

7 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

8 CONSEQUENCES WWider than current statutory duties TUPE & collective redundancies Covers takeovers and mergers SStepping stone to recognition NNO CHANGE WHATSOEVER

9 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

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