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

Complaints

10.—(1) Regulation 11 of the 1981 Regulations shall be amended as follows.

(2) For paragraph (1) substitute–

“(1) Where an employer has failed to comply with a requirement of Regulation 10 or Regulation 10A, 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 his employees who are affected employees;

(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 his employees who are affected employees.”

(3) After paragraph (2) insert–

“(2A) If on a complaint under paragraph (1) a question arises as to whether or not any employee representative was an appropriate representative for the purposes of Regulation 10, it shall be for the employer to show that the employee representative had the necessary authority to represent the affected employees.

(2B) On a complaint under sub-paragraph (1)(a) it shall be for the employer to show that the requirements in Regulation 10A have been satisfied.”

(4) In paragraph (11) for “four weeks' pay” substitute “thirteen weeks' pay”.