1 implementation of ice regs 6 april 2005 - organisations with 150+ employees 6 april 2007 -...
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IMPLEMENTATION of ICE REGS
6 April 2005 - organisations with 150+ employees
6 April 2007 - organisations with 100+ employees
6 April 2008 - organisations with 50+ employees
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EXCLUDED ORGANISATIONS
ICE REGS Less than 50
employees Part-time
employees 0.5 persons
Workers not counted Individual not groups
of undertakings
STATUTORY RECOGNITION
Less than 20 workers Groups of
undertakings constitute ONE employer
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ICE REGULATIONS
DTI ESTIMATE 97% OF ORGANISATIONSEXCLUDED FROM SCOPE OF ICE REGS
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TRIGGERING ICE AGREEMENTS
PRE-EXISTING AGREEMENTS
Can be Recognition Agreements For ICE purposes extend to cover all
employees Only need approval of Union Reps PEAs can be overturned by 40% of
employees or by secret ballot AMICUS v Macmillan
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NEGOTIATING an ICE AGREEMENT
Negotiating reps may be elected or appointed
Nine months to agree reps & negotiate agreement
BUT this can be extended if the majority of reps agree
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VALID ICE AGREEMENTS
MUST BE In writing Dated Signed by employer
Approved by ALL negotiating reps OR by at least 50% of employees in writing
Can provide for DIRECT forms of information & consultation
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STATUTORY WORKS COUNCILS
ICE Fallback provisions 2 – 25 elected representatives Information on
recent and probable development in activities & economic situation
Information & CONSULTATION Structure of employment & anticipatory
measures threatening it Changes to work organisation or in contractual
relations
INDIVIDUAL RIGHTS
Rights to time off only given to ICE Reps Does not extend to training Extend Time Off Agreements ICE Reps/Election Candidates protected
by Dismissal/Detriment Provisions Other EMPLOYEES protected when
involved in ICE processes Collecting signatures not expressly
covered9
CONFIDENTIALITY
Reg 25 enables employers to prevent ICE Reps from disclosing information deemed confidential
ICE Rep loses protection of dismissal/detriment provisions and may incur legal liability
Better to refuse to accept such information?
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CONSEQUENCES OF ICE REGS
Recognised UnionsWider than current statutory
duties TUPE & collective redundancies Covers takeovers and mergers
Non-Recognised Unions Stepping stone to recognition
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CONCLUSIONS
Strengthen ICE provisions Workers as well as employees Apply to groups of undertakings Apply to all undertakings of 20+
Employer obliged to ballot for election of Negotiating Representatives where no recognised TU
Fallback provisions automatically applyafter 6 months
Should include basic constitution
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ENFORCEMENT
THIS SHOULD INCLUDE INJUNCTIVE RELIEF WHERE INFORMATION & CONSULTATION PROCESSES DO NOT TAKE PLACE IN GOOD TIME