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

Duty to inform and consult representatives

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

(2) For paragraph (2A) substitute–

“(2A) For the purposes of this Regulation the appropriate representatives of any 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 Regulation, 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 them, for the purposes of this Regulation, in an election satisfying the requirements of Regulation 10A(1).”

(3) After paragraph (8) insert–

“(8A) If, after the employer has invited affected employees to elect representatives, they fail to do so within a reasonable time, he shall give to each affected employee the information set out in paragraph (2).”