The maximum penalty that can be applied is £75,000. But penalties only apply where the CAC (Central Arbitration Committee) upholds a complaint that the employer:
- has failed to inform and consult as required by a negotiated agreement, or the standard I&C provisions (whichever is relevant); or
- has, if subject to the standard I&C provisions, failed to arrange a ballot to elect I&C representatives.
Employees who are subjected to detriment as a result of their attempts to get the I&C regulations implemented can also take their complaints to an employment tribunal.
The courts have shown themselves prepared to be very tough. In a case in 2007, The Employment Appeals Tribunal upheld a tribunal decision under which Macmillan Publishers, which had failed to hold a ballot to elect information and consultation representatives as required by the CAC, was fined £55,000 and sharply criticised for its 'wholly cavalier attitude'.
