The Central Arbitration Committee (CAC) ruled against Macmillan Publishers for failing to respond properly to an employee request for information, failing to initiate negotiations for a negotiated I&C body following a valid request, and failing to hold a ballot to elect the relevant number of I&C reps where the standard I&C provisions applied.

The EAT has now made its first award for failure by an employer to inform and consult under the ICE Regs 2004. Under reg 22 the CAC does not have the power to impose a sanction – the applicant must instead apply to the EAT for a penalty notice to be issued (of up to £75,000). The EAT imposed a penalty of £55,000 to reflect the seriousness of the breach. (Amicus v Macmillan Publishers).