Manage your employees
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UK Statutory Instrument
2004
United Kingdom
Information and Consultation of Employees Regulations 2004
At a glance
Enforced by
What's here
32 compliance obligations, 1 practical guide · 1 journey
Penalty landscape
17 of 32 obligations carry a fine up to £75,000. 15 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Employer 20
- Any Person 4
Plus 8 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — GENERAL
Browse 4 other sections in this Part — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
Application
Agency Workers
Part II — EMPLOYEE NUMBERS AND ENTITLEMENT TO DATA
Entitlement to data
Fine up to £75,000- Provide workforce data upon written request Employer
Complaint of failure to provide data
Fine up to £75,000Other duties (1) — Crown / regulator
- CAC must order data disclosure if employee complaints are well-founded Statutory regulator
Browse 1 other section in this Part — procedural / definitional / commencement
Part III — NEGOTIATED AGREEMENTS
Employee request to negotiate an agreement in respect of information and consultation
- Negotiate an information and consultation agreement upon valid employee request Employer
Pre-existing agreements: agency workers
Fine up to £75,000- Include agency worker information in employment reports Employer
Pre-existing agreements: ballot for endorsement of employee request
Fine up to £75,000- Hold a ballot to endorse employee requests for information and consultation Employer
Employer notification of decision to initiate negotiations
Fine up to £75,000- Notify employees if you decide to start negotiations for an ICE agreement Employer
Negotiations to reach an agreement
Fine up to £75,000- Establish negotiating representatives and initiate consultation talks Employer
Complaints about election or appointment of negotiating representatives
Fine up to £75,000Other duties (1) — Crown / regulator
- CAC must order a new election if an appointment complaint is successful Statutory regulator
Negotiated agreements
Fine up to £75,000- Ensure employee information and consultation agreements meet legal standards Employer
Complaints about ballot for employee approval of negotiated agreement
Fine up to £75,000Other duties (1) — Crown / regulator
- CAC must order a new ballot if a complaint is well-founded Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement
Pre-existing agreements covering groups of undertakings
Complaint about ballot for endorsement of employee request
Restrictions on employee request and employer notification
Dispute about employee request, employer notification or whether obligation in regulation 7(1) applies
Negotiated agreements and listed changes to pension schemes
Part IV — STANDARD INFORMATION AND CONSULTATION PROVISIONS
Election of information and consultation representatives
Fine up to £75,000- Hold a ballot to elect employee representatives Employer
Standard information and consultation provisions
Fine up to £75,000- Inform and consult employee representatives on business and job security Employer
Browse 1 other section in this Part — procedural / definitional / commencement
Part V — DUTY OF CO-OPERATION
Co-operation
Fine up to £75,000- Co-operate in good faith during employee consultation negotiations Employer
Part VI — COMPLIANCE AND ENFORCEMENT
Disputes about operation of a negotiated agreement or the standard information and consultation provisions
Fine up to £75,000- Comply with negotiated or standard information and consultation agreements Employer
Browse 2 other sections in this Part — procedural / definitional / commencement
Penalties
Exclusivity of remedy
Part VII — CONFIDENTIAL INFORMATION
Breach of statutory duty
Fine up to £75,000- Protect confidential information provided by your employer Employer
Browse 1 other section in this Part — procedural / definitional / commencement
Part VIII — PROTECTIONS FOR INFORMATION AND CONSULTATION REPRESENTATIVES, ETC.
Right to time off for information and consultation representatives, etc.
Fine up to £75,000- Allow representatives reasonable paid time off for consultation duties Employer
Right to remuneration for time off under regulation 27
- Pay employees for time off taken for information and consultation duties Employer
Right to time off: complaint to tribunals
Other duties (1) — Crown / regulator
- Tribunals must order compensation for refused time off or unpaid leave Tribunal / Court
Browse 6 other sections in this Part — procedural / definitional / commencement
Unfair dismissal
Subsidiary provisions relating to unfair dismissal
Detriment
Detriment: enforcement and subsidiary provisions
Conciliation
Extension of time limit to facilitate conciliation before institution of proceedings
Part IX — MISCELLANEOUS
CAC proceedings
Fine up to £75,000Other duties (1) — Crown / regulator
- CAC must conduct enquiries and provide hearings for ICE complaints Statutory regulator
ACAS
Other duties (1) — Crown / regulator
- CAC and ACAS must attempt to settle ICE disputes through conciliation Statutory regulator
Browse 7 other sections in this Part — procedural / definitional / commencement
Appeal Tribunal: location of certain proceedings under these Regulations
Appeal Tribunal: appeals from employment tribunals
Restrictions on contracting out: general
Restrictions on contracting out: Part VIII
Amendments to the Employment Appeal Tribunal Rules 1993
Crown employment
Exception for merchant navy
Schedules
REQUIREMENTS FOR BALLOTS HELD UNDER REGULATION 19
Fine up to £75,000- Follow statutory procedures for employee information and consultation ballots Employer
Ballots held under regulation 19 must comply with the requirements...
- Ensure employee ballots under regulation 19 follow legal requirements Employer
As soon as reasonably practicable after the date of the...
- Ballot supervisor must publish results promptly after ballot Any Person
A ballot supervisor shall publish a report (“an ineffective ballot...
Other duties (1) — Crown / regulator
- Ballot supervisor must publish report if ballot is ineffective Statutory regulator
Where a ballot supervisor publishes an ineffective ballot report the...
- Publish ineffective ballot report within one month of ballot results Any Person
A ballot supervisor must publish an ineffective ballot report in...
- Publish ineffective ballot report and make it available to the employer, employees and candidates Any Person
Where a ballot supervisor publishes an ineffective ballot report, the...
- Re-run ineffective employee consultation ballots Employer
All costs relating to the holding of the ballot, including...
- Bear all costs of employee information and consultation ballots Employer
The requirements referred to in paragraph 1 are that—
- Follow strict rules when holding a ballot to elect information and consultation representatives Employer
Where the CAC finds the complaint well-founded it shall make...
Other duties (1) — Crown / regulator
- CAC must declare well-founded complaints and may order employer to modify ballot arrangements Tribunal / Court
The employer must— (a) ensure that a ballot supervisor appointed...
- Ensure ballot supervisor can carry out functions and comply with their requests Employer
A ballot supervisor’s appointment shall require that he—
- Ballot supervisor must run fair and secret employee ballot Any Person
Browse 6 other Schedules — structural / supplementary
APPLICATION OF REGULATIONS
Number of employees Date Regulations apply At least 150...
Any employee or an employees' representative who believes that the...
An order under paragraph 4 shall specify the modifications to...
A person is an independent ballot supervisor for the purposes...
For the purposes of paragraph 3 the arrangements for the...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Informing and consulting employees (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Central Arbitration Committee
Independent statutory body adjudicating on statutory trade-union recognition, disclosure of information for collective bargaining, and disputes arising under the Information and Consultation …
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Browse legislation
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Regulators
Learn more about the bodies that enforce this legislation.