09 August 2007
In brief
A penalty for failing to comply with the Information and Consultation of Employee Regulations 2004 (ICE regulations) has for the first time been awarded by the Employment Appeal Tribunal (EAT). In Amicus v Macmillan Publishers Ltd the EAT concluded that Macmillan’s failure to hold a ballot breached the ICE regulations, which require larger employers to ensure that employees are informed and consulted. The EAT concluded that “it must have been plain, reading the legislation, that the relevant provisions were being ignored at almost every stage”. No adequate reasons were given for failing to comply with the obligations and a £55,000 penalty was imposed.
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