(This note is not part of the Regulations.)
These Regulations further implement the obligations to require employers to inform and consult their employees in Council Directive 98/59/EC (O.J. No. 1998 L225, 12.8.98, p. 12) on collective redundancies and Council Directive 77/187/EEC (O.J. No. 1997 L61, 5.3.97) on the safeguarding of employees' rights in the event of transfers of undertakings. Council Directive 98/59/EC consolidated Council Directive 75/129/EEC, (O.J. 1975 No. L48, 22.2.75, p. 29) and Council Directive 92/56/EEC (O.J. No. 1992 L245, 26.8.92 p. 3).
The Regulations amend the provisions of the Employment Rights (Northern Ireland) Order 1996 (“the Order”) relating to information and consultation on redundancies. They provide that representatives of employees who may be affected by the dismissals or by measures taken in connection with the dismissals must be consulted. In this regard they provide that employers must consult representatives of recognised trade unions but, if no trade union is recognised, then employers must consult either existing employee representatives or specially elected employee representatives. If elections are held for employee representatives they must be held in accordance with these Regulations. If employees fail to elect representatives after being invited to do so, the employer must give the employees concerned the information he would have had to give to their representatives. The maximum compensation which can be awarded in the event of the employer’s failure to consult has been increased so that in all cases it is 90 days' pay.
The Regulations amend the provisions of the Order relating to the right to time off so as to give employee representatives for the purposes of Part XIII of the Order (procedure for handling redundancies) or the Transfer of Undertakings (Protection of Employment) Regulations 1981, S.I. 1981/1794, time off for training. The provisions in the Order relating to the right of such employee representatives not to be dismissed or suffer detriment are extended to employees who participate in an election of employee representatives.