Enforcement and penalties

The Central Arbitration Committee has the task of considering alleged breaches of the ICE Regulations, such as a failure to elect or appoint negotiating representatives. Where complaints are well-founded the employees or their representatives can apply to the EAT for a penalty notice under which it has the power to fine employers up to £75,000 for serious breaches.

In 2007 the CAC ruled against Macmillan Publishers Ltd (Macmillan) for failing to respond properly to a valid employee request and subsequently the EAT fined the company £55,000 for its ‘wholly cavalier attitude’ to the legislation.