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ICE Regulations and meaning of “undertaking”
In Moyer Lee and others v Cofely Workplace Limited the EAT has upheld the decision of the Central Arbitration Committee regarding the definition of the term “undertaking” in the Information and Consultation of Employees Regulations 2004 (ICE).
It held that this term refers to the employer as a whole rather than a single business unit or “establishment”. Consequently the request by 28 employees to negotiate under the ICE Regulations was invalid – although they represented 13% of the employees who were assigned to that particular work place or establishment, they only made up 0.3% of the total workforce and the regulations require a minimum 10% of employees in the whole organisation before a request to negotiate under the regulations is valid.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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