Informing and Consulting Staff

More businesses subject to ICE regulations on informing and consulting employees

Workers entitled to seek a statutory negotiated agreement

Voluntary agreements are more flexible for employers

EEF, the manufacturers' organisation, is advising employers to check their arrangements for informing and consulting on work related issues because, from Monday, more employees will be able to make a formal request for a statutory negotiated agreement.

For the first time, businesses with 50 to 99 employees will come within the scope of the so-called ICE regulations (Information and Consultation of Employees Regulations 2004). These empower employees to seek a negotiated agreement provided they make a formal, written request supported by at least 15 employees.

For some businesses coming within the scope of ICE, current voluntary arrangements for informing and consulting (staff forum, works council etc) will qualify for special status as a 'pre-existing' agreement under the regulations. If, after review, employers find their arrangements need amendment in order to qualify, EEF suggests they might wish to take the initiative and start talking to employees right away.

Companies with no qualifying agreement should be aware that they are vulnerable to employees deciding at any time to make a formal request to enter into negotiations for a statutory negotiated agreement under the ICE Regulations.

"A voluntary agreement gives you more flexibility over how you choose to inform and consult your workforce. You can tailor the arrangements to suit the needs and structure of your business," says David Hardwick, EEF Yorkshire & Humberside's Head of Legal Affairs.

He adds: "You would still have some flexibility if you are forced down the statutory negotiating route, but you may find it more time consuming, complicated and costly to achieve than if you began voluntarily. The statutory process must also be completed within strict timescales."

1. EEF is a trusted partner to businesses across Britain. It works on behalf of over 6000 companies in manufacturing, engineering, technology and beyond. Together they employ close to a million people. For more details visit www.eef.org.uk
2. EEF's team of HR and legal experts offer a complete suite of services for the HR professional. They help members implement and maintain best practice throughout their organisation, enabling them to manage their business and their people, more effectively. Should a problem arise, they will help members work through to a satisfactory solution whether it's an employment relations issue or a tribunal case.