FIRST PENALTY UNDER THE INFORMATION AND CONSULTATION OF EMPLOYEES REGULATIONS 2004 – (ICE)

Macmillan Publishers Ltd failed in a number of respects to carry out their responsibilities as required by the ICE Regulations.  Following a declaration to that effect by the Central Arbitration Committee, the trade union Amicus made an application to the Employment Appeal Tribunal (EAT) for a penalty to be imposed.

The employer was criticised for dragging their feet and displaying a “cavalier attitude” and were ordered to pay £55,000.  The maximum possible penalty is £75,000 but whilst the EAT considered the breach serious, and took into account earlier failures to comply with the Regulations, they did not think it was the most serious breach that could be imagined.

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