Do They Need To Know That?

The Information and Consultation of Employees (ICE) Regulations already apply to employers with at least 100 employees in the UK. That figure reduces to those with at least 50 employees as from April 2008.

There are three categories of information that have to be supplied (and perhaps consulted on):

• Recent and probable developments of the business’s activities and economic situation: there is a requirement to provide information (but no requirement to consult).
• Information on the situation, structure and probable development of employment within the businesses, and on any anticipatory measures (in particular where there is a threat to employment): once again, there is a requirement to provide information, but also a requirement to consult.
• Decisions likely to lead to substantial changes in work organisation or in contractual relations (including collective redundancies and business transfers): again, there is a requirement to provide information. In this instance, there is more than a mere requirement to consult – instead there is a requirement to consult ‘with a view to reaching agreement’ (similar to the well-known collective redundancy consultation requirements).

Employers should be aware of these Regulations not least so as to ensure that they minimise the threat of an employee stirring things up under the banner of these Regulations.

Mark Shulman, Partner - Employment Department