Micro-business’s duty to inform and consult where no appropriate representatives13A

1

This regulation applies if, at the time when the employer is required to give information under regulation 13(2)—

a

the employer employs fewer than 10 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.

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.

3A

If on a complaint under paragraph (1), a question arises as to whether or not regulation 13A applied, it is for the employer to show that the conditions in sub-paragraphs (a) and (b) of regulation 13A(1) applied at the time referred to in regulation 13A(1).