Consulting employees will weed out bad management and motivate staff

For those who aren’t familiar with the directive, it’s a piece of European legislation that gives British workers the right, on request, to be informed and consulted before decisions are made that could affect them.

Since the regulations came in, Unite has secured some high-profile agreements, most notably at Trinity Mirror Group, Chesapeake, and De La Rue. However, since April this year the regulations have applied to all companies in the UK with more than 50 employees, which means that all but the smallest employers need to sit up and take notice.

The major obstacle, in my experience, is that many firms are fearful of legal requests being made and as a result, British workers remain the least informed in Europe.

In Germany, for example, they have supervisory committees made up of management and worker representatives who make the decisions affecting their company.

Evidence shows that having an independent trade union-led works committee with legal redress actually makes a company more productive, more efficient and ultimately more profitable through better accountability.

Employers unconvinced
The problem is that British employers have never been convinced of the benefits of ICE. In fact, initially the Confederation of British Industry (CBI) did what it could to block the regulations, which did nothing to promote the prospects of the employers they represent.

The good news is that the British Printing Industries Federation (BPIF) has taken a more progressive attitude. Through the Partnership at Work Agreement it has negotiated a model agreement with Unite and it encourages its members to have open dialogue with the union.

British printers face the challenges of a weakening economy and increasingly aggressive markets, but collaboration with their workforces will encourage employees to be more focused on the needs of their businesses.

It has to be said that there are some in the trade union movement who are not enthusiastic about the regulations. Primarily because its image was damaged by the ad-hoc forums that some companies threw together under the guise of ‘pre-existing agreements’. These forums undermined the legislation and had no redress, rendering them pointless.

There are cynics, both from employers and trade unions, who say full ICE implementation will never happen. But it already has, albeit on a different scale. European Works Council (EWC) legislation is now over 10 years old and the right to information and consultation is enshrined within it.

Some EWCs not only command considerable power and influence within their organisations but are also seen as an essential part of the business structure. They introduce accountability that weeds out bad management.

The European Commission is now in the process of beefing up the EWC directive to give workers’ representatives more rights to information. The revised directive is expected later this year. There has also been criticism by the Commission over the UK Government’s interpretation of the ICE directive saying that it is not strong enough. So in the furure, it looks like there will be nowhere to hide for the employers who don’t talk to their workforce.

The employers and unions have the opportunity to change the landscape of UK industrial relations, I don’t mind admitting that it is a challenge for both of us – some union activists thrive on conflict and many managers in the UK are still deeply engrossed in the ‘command and control’ mindset. But both parties need to accept that whether we like the regulations or not, they are not going away.

Steve Sibbald is a national officer for Unite

30 SECOND BRIEFING ON,,, THE ICE REGULATIONS
• The Information and Consultation of Employees regulations were introduced in 2005 prompted by 1998 European Works Council legislation
• The regulation gives workers the right to information about their company and to be informed and consulted about major decisions that may affect them
• The take-up in the print industry has so far been poor
• Since April this year the regulations affect any company with more than 50 employees
• The BPIF has negotiated a model agreement with Unite and encourages its members to have open dialogue with the union
• Ad-hoc forums with no real power that some companies introduced after the regulations came in to force have damaged some trade unionists’ opinions of ICE
• The right to information and consultation is enshrined within the 10-year-old European Works Council legislation.
• The European Comission is strengthening the European Works Council directive to give  workers’ representatives more right to information
• The revised directive is expected later this year
• The European Commission has criticised the UK’s interpretation of the ICE directive saying it is not strong enough
• In Germany, firms have supervisory committees made up of management and worker representatives who make the decisions affecting the company
• On the continent, European Works Councils are seen as an essential part of the business structure and promote accountability