The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999

Complaints

5.—(1) Section 189 of the 1992 Act shall be amended as follows.

(2) For subsection (1) substitute–

“(1) Where an employer has failed to comply with a requirement of section 188 or section 188A, a complaint may be presented to an employment tribunal on that ground–

(a) in the case of a failure relating to the election of employee representatives, by any of the affected employees or by any of the employees who have been dismissed as redundant;

(b) in the case of any other failure relating to employee representatives, by any of the employee representatives to whom the failure related,

(c) in the case of failure relating to representatives of a trade union, by the trade union, and

(d) in any other case, by any of the affected employees or by any of the employees who have been dismissed as redundant.”

(3) After that subsection insert–

“(1A) If on a complaint under subsection (1) a question arises as to whether or not any employee representative was an appropriate representative for the purposes of section 188, it shall be for the employer to show that the employee representative had the authority to represent the affected employees.

(1B) On a complaint under subsection (1)(a) it shall be for the employer to show that the requirements in section 188A have been satisfied.”

(4) In subsection (4) omit “in a case falling within paragraph (a)” to the end.