A cool response to the ICE Regulations? Employer and trade union approaches to the new legal framework for information and consultation

One year on from the introduction of the Information and Consultation of Employees Regulations, this article reviews the emerging patterns of implementation in the light of the legislation’s ‘reflexive’ design. The available evidence suggests considerable employer-led activity in terms of reviewing, modifying and introducing information and consultation arrangements but a relative paucity of formal ‘pre-existing agreements’, despite the protection they offer against the Regulations’ statutory procedures being invoked by employees. This picture is consistent with a ‘risk assessment’ rather than a ‘compliance’ approach by management, facilitated by union ambivalence towards the legislation and low use of its provisions by employees.