Working with employee representatives

Redundancies and transfers

You are required to inform and consult appropriate representatives of employees who may be affected by proposed collective redundancies and business transfers.

Collective redundancy

A collective redundancy is where 20 or more employees are to be made redundant within a 90-day period. It is good practice to inform and consult in other redundancy cases too.

Business transfer

A business transfer happens when you buy or sell all or part of your business. You must provide the information long enough before the transfer to give adequate time for consultation. The consultation must be undertaken with a view to seeking agreement and applies regardless of the number of employees you have.

If employees who may be affected are represented by an independent trade union recognised for collective bargaining or collective redundancy, you must inform and consult an authorised official of that union.

Where employees who may be affected are not represented by a trade union, you must inform and consult other appropriate representatives of those employees. These can be existing representatives or new ones specifically elected to handle these issues. You have to give employees a genuine opportunity to elect representatives. If the employees choose not to elect representatives even when given the opportunity to do so, you may consult with them directly.

You must listen and respond to representations made by or on behalf of employees, and state the reasons if you reject any.

For more details, read the information on employee consultation at the DTI website.

Employee representatives in consultations about redundancies and transfers have certain rights:

• protection against unfair dismissal or adverse treatment because of their activities
• paid time off for duties
• access to affected employees and to appropriate facilities

Subjects covered in this guide

• Introduction
• The role of employee representatives
• Employee representatives and the law
• Redundancies and transfers
• Health and safety, pensions
• Information and consultation, works councils, working hours
• Representation of individual employees
• Working effectively with employee representatives

 

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