UK Statutory Instrument SI 2004 United Kingdom

Information and Consultation of Employees Regulations 2004

These Regulations, made under powers in section 42 of the Employment Relations Act 2004 implement in Great Britain Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community (“the Information and Consultation Directive”).

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
CAC
Status
In Force
Penalty ceiling
Prosecution 17 of 32 obligations carry a fine up to £75,000. 15 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer20 Any Person4

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Application (opens in a new tab)
s.agency workers Agency Workers
Part 2

EMPLOYEE NUMBERS AND ENTITLEMENT TO DATA

2 of 3 sections shown
s.005 Entitlement to data (opens in a new tab) Prosecution
  • Provide workforce data upon written requestEmployer

Fine up to £75,000

s.006 Complaint of failure to provide data (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • CAC must order data disclosure if employee complaints are well-foundedStatutory regulator

Fine up to £75,000

1 other section in this Part — procedural and definitional
s.004 Calculation of number of employees (opens in a new tab)
Part 3

NEGOTIATED AGREEMENTS

8 of 13 sections shown
s.007 Employee request to negotiate an agreement in respect of information and consultation (opens in a new tab) Regulated
  • Negotiate an information and consultation agreement upon valid employee requestEmployer
s.008 Pre-existing agreements: agency workers Prosecution
  • Include agency worker information in employment reportsEmployer

Fine up to £75,000

s.008 Pre-existing agreements: ballot for endorsement of employee request (opens in a new tab) Prosecution
  • Hold a ballot to endorse employee requests for information and consultationEmployer

Fine up to £75,000

s.011 Employer notification of decision to initiate negotiations (opens in a new tab) Prosecution
  • Notify employees if you decide to start negotiations for an ICE agreementEmployer

Fine up to £75,000

s.014 Negotiations to reach an agreement (opens in a new tab) Prosecution
  • Establish negotiating representatives and initiate consultation talksEmployer

Fine up to £75,000

s.015 Complaints about election or appointment of negotiating representatives (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • CAC must order a new election if an appointment complaint is successfulStatutory regulator

Fine up to £75,000

s.016 Negotiated agreements (opens in a new tab) Prosecution
  • Ensure employee information and consultation agreements meet legal standardsEmployer

Fine up to £75,000

s.017 Complaints about ballot for employee approval of negotiated agreement (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • CAC must order a new ballot if a complaint is well-foundedStatutory regulator

Fine up to £75,000

5 other sections in this Part — procedural and definitional
s.009 Pre-existing agreements covering groups of undertakings (opens in a new tab)
s.010 Complaint about ballot for endorsement of employee request (opens in a new tab)
s.012 Restrictions on employee request and employer notification (opens in a new tab)
s.013 Dispute about employee request, employer notification or whether obligation in regulation 7(1) applies (opens in a new tab)
s.negotiated agreements and listed changes to pensio Negotiated agreements and listed changes to pension schemes
Part 4

STANDARD INFORMATION AND CONSULTATION PROVISIONS

2 of 3 sections shown
s.019 Election of information and consultation representatives (opens in a new tab) Prosecution
  • Hold a ballot to elect employee representativesEmployer

Fine up to £75,000

s.020 Standard information and consultation provisions (opens in a new tab) Prosecution
  • Inform and consult employee representatives on business and job securityEmployer

Fine up to £75,000

1 other section in this Part — procedural and definitional
s.018 Application of standard information and consultation provisions (opens in a new tab)
Part 5

DUTY OF CO-OPERATION

1 of 1 section shown
s.021 Co-operation (opens in a new tab) Prosecution
  • Co-operate in good faith during employee consultation negotiationsEmployer

Fine up to £75,000

Part 6

COMPLIANCE AND ENFORCEMENT

1 of 3 sections shown
s.022 Disputes about operation of a negotiated agreement or the standard information and consultation provisions (opens in a new tab) Prosecution
  • Comply with negotiated or standard information and consultation agreementsEmployer

Fine up to £75,000

2 other sections in this Part — procedural and definitional
s.023 Penalties (opens in a new tab)
s.024 Exclusivity of remedy (opens in a new tab)
Part 7

CONFIDENTIAL INFORMATION

1 of 2 sections shown
s.025 Breach of statutory duty (opens in a new tab) Prosecution
  • Protect confidential information provided by your employerEmployer

Fine up to £75,000

1 other section in this Part — procedural and definitional
s.026 Withholding of information by the employer (opens in a new tab)
Part 8

PROTECTIONS FOR INFORMATION AND CONSULTATION REPRESENTATIVES, ETC.

3 of 9 sections shown
s.027 Right to time off for information and consultation representatives, etc. (opens in a new tab) Prosecution
  • Allow representatives reasonable paid time off for consultation dutiesEmployer

Fine up to £75,000

s.028 Right to remuneration for time off under regulation 27 (opens in a new tab) Regulated
  • Pay employees for time off taken for information and consultation dutiesEmployer
s.029 Right to time off: complaint to tribunals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunals must order compensation for refused time off or unpaid leaveTribunal / Court
6 other sections in this Part — procedural and definitional
s.030 Unfair dismissal (opens in a new tab)
s.031 Subsidiary provisions relating to unfair dismissal (opens in a new tab)
s.032 Detriment (opens in a new tab)
s.033 Detriment: enforcement and subsidiary provisions (opens in a new tab)
s.034 Conciliation (opens in a new tab)
s.extension of time limit to facilitate conciliation Extension of time limit to facilitate conciliation before institution of proceedings
Part 9

MISCELLANEOUS

2 of 9 sections shown
s.035 CAC proceedings (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • CAC must conduct enquiries and provide hearings for ICE complaintsStatutory regulator

Fine up to £75,000

s.038 ACAS (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CAC and ACAS must attempt to settle ICE disputes through conciliationStatutory regulator
7 other sections in this Part — procedural and definitional
s.036 Appeal Tribunal: location of certain proceedings under these Regulations (opens in a new tab)
s.037 Appeal Tribunal: appeals from employment tribunals (opens in a new tab)
s.039 Restrictions on contracting out: general (opens in a new tab)
s.040 Restrictions on contracting out: Part VIII (opens in a new tab)
s.041 Amendments to the Employment Appeal Tribunal Rules 1993 (opens in a new tab)
s.042 Crown employment (opens in a new tab)
s.043 Exception for merchant navy (opens in a new tab)
Schedules

Schedules

12 of 18 shown
s.002 REQUIREMENTS FOR BALLOTS HELD UNDER REGULATION 19 (opens in a new tab) Prosecution
  • Follow statutory procedures for employee information and consultation ballotsEmployer

Fine up to £75,000

s.sch002 Ballots held under regulation 19 must comply with the requirements... Regulated
  • Ensure employee ballots under regulation 19 follow legal requirementsEmployer
s.sch002 As soon as reasonably practicable after the date of the... Regulated
  • Ballot supervisor must publish results promptly after ballotAny Person
s.sch002 A ballot supervisor shall publish a report (“an ineffective ballot... Regulated
Other duties (1) — Crown / regulator
  • Ballot supervisor must publish report if ballot is ineffectiveStatutory regulator
s.sch002 Where a ballot supervisor publishes an ineffective ballot report the... Regulated
  • Publish ineffective ballot report within one month of ballot resultsAny Person
s.sch002 A ballot supervisor must publish an ineffective ballot report in... Regulated
  • Publish ineffective ballot report and make it available to the employer, employees and candidatesAny Person
s.sch002 Where a ballot supervisor publishes an ineffective ballot report, the... Regulated
  • Re-run ineffective employee consultation ballotsEmployer
s.sch002 All costs relating to the holding of the ballot, including... Regulated
  • Bear all costs of employee information and consultation ballotsEmployer
s.sch002 The requirements referred to in paragraph 1 are that— Regulated
  • Follow strict rules when holding a ballot to elect information and consultation representativesEmployer
s.sch002 Where the CAC finds the complaint well-founded it shall make... Regulated
Other duties (1) — Crown / regulator
  • CAC must declare well-founded complaints and may order employer to modify ballot arrangementsTribunal / Court
s.sch002 The employer must— (a) ensure that a ballot supervisor appointed... Regulated
  • Ensure ballot supervisor can carry out functions and comply with their requestsEmployer
s.sch002 A ballot supervisor’s appointment shall require that he— Regulated
  • Ballot supervisor must run fair and secret employee ballotAny Person
6 other schedules
s.001 APPLICATION OF REGULATIONS (opens in a new tab)
s.sch001 Number of employees Date Regulations apply At least 150...
s.sch002 Any employee or an employees' representative who believes that the...
s.sch002 An order under paragraph 4 shall specify the modifications to...
s.sch002 A person is an independent ballot supervisor for the purposes...
s.sch002 For the purposes of paragraph 3 the arrangements for the...

Help complying

Guvnor’s practical routes through this instrument.

Manage your employees

A comprehensive journey for UK employers covering the full employment lifecycle - from ongoing payroll and compliance duties through to managing workforce …

Information and consultation requirements (ICE)

Requirements under the ICE Regulations 2004 for informing and consulting employees about business decisions.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.