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Employee relations
UK-wide
Information and consultation requirements (ICE)
Requirements under the ICE Regulations 2004 for informing and consulting employees about business decisions.
Guide summary
If you have 50 or more employees, you must inform and consult them about business decisions if enough staff request it. Start negotiations within 3 months and reach an agreement within 6 months, or standard rules apply. You could be fined up to £75,000 if you break the rules.
- Check if you have 50 or more employees – the rules apply to you
- A valid request needs 15 employees or 2% of staff (max 2,500)
- Start negotiations within 3 months of a valid request
- Reach an agreement within 6 months of starting negotiations
- Cover the economic situation, employment situation and major changes
- If no agreement, standard provisions apply automatically
- Penalty for breaking the rules: up to £75,000 from the Employment Appeal Tribunal
- Send complaints about breaches to the Central Arbitration Committee (CAC)
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The Information and Consultation of Employees (ICE) Regulations 2004 give employees the right to request arrangements for being informed and consulted about business decisions.
When the regulations apply
What employees can request
If you receive a valid request, you must negotiate an information and consultation agreement covering:
- Economic situation - recent and probable development of activities and economic situation
- Employment situation - structure and probable development of employment, any threats to jobs
- Decisions likely to lead to substantial changes - work organisation, contractual relations (including redundancies and TUPE transfers)
The process
After receiving a valid request:
- Within 3 months - start negotiations with employee representatives
- Within 6 months of starting - reach agreement or standard provisions apply
Enforcement
Complaints about ICE breaches go to the Central Arbitration Committee (CAC), which decides whether there has been a breach. If the CAC finds a breach, the Employment Appeal Tribunal can impose a penalty of up to GBP 75,000.