13A.—(1) This regulation applies if, at the time when the employer is required to give information under regulation 13(2)—
[F3(a)at least one of the following conditions is satisfied—
(i)the employer employs fewer than 50 employees;
(ii)there are fewer than 10 transferring employees.]
(b)there are no appropriate representatives within the meaning of regulation 13(3); and
(c)the employer has not invited any of the affected employees to elect employee representatives.
[F4(1A) For the purposes of paragraph (1)(a)(ii), “transferring employees” means the employees who work for the transferor and who are to be (or are likely to be) transferred to the transferee’s employment under a relevant transfer.]
(2) The employer may comply with regulation 13 by performing any duty which relates to appropriate representatives as if each of the affected employees were an appropriate representative.]
Textual Amendments
F1Reg. 13A inserted (E.W.S.) (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 11(2) (with reg. 11(5))
F2Words in reg. 13A heading substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 9(2) (with reg. 8)
F3Reg. 13A(1)(a) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 9(3) (with reg. 8)
F4Reg. 13A(1A) inserted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 9(4) (with reg. 8)
Modifications etc. (not altering text)