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

Duty to consult representatives

3.—(1) Section 188 of the 1992 Act shall be amended as follows.

(2) In subsection (1) for “so dismissed” substitute “affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals.”

(3) For subsection (1B) substitute–

“(1B) For the purposes of this section the appropriate representatives of any affected employees are–

(a) if the employees are of a description in respect of which an independent trade union is recognised by their employer, representatives of the trade union, or

(b) in any other case, whichever of the following employee representatives the employer chooses:–

(i) employee representatives appointed or elected by the affected employees otherwise than for the purposes of this section, who (having regard to the purposes for and the method by which they were appointed or elected) have authority from those employees to receive information and to be consulted about the proposed dismissals on their behalf;

(ii) employee representatives elected by the affected employees, for the purposes of this section, in an election satisfying the requirements of section 188A(1).”

(4) In subsection (5A) for “the employees whom it is proposed to dismiss as redundant” substitute “the affected employees”.

(5) For subsection (7A)(a) substitute–

“(a) the employer has invited any of the affected employees to elect employee representatives, and”

(6) After subsection (7A) insert–

“(7B) If, after the employer has invited affected employees to elect representatives, the affected employees fail to do so within a reasonable time, he shall give to each affected employee the information set out in subsection (4).”