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

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Duty to consult representatives

8.  Article 216 shall be amended as follows—

(a)in paragraph (1) for the words “so dismissed” there shall be substituted the words “affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals”;

(b)for paragraph (3) there shall be substituted the following paragraph—

(3) For the purposes of this Article 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 Article, 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 Article, in an election satisfying the requirements of Article 216A(1).;

(c)in paragraph (8) for the words “the employees whom it is proposed to dismiss as redundant” there shall be substituted the words “the affected employees”;

(d)in paragraph (11) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

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

(e)after paragraph (11) there shall be inserted the following paragraph—

(11A) If, after the employer has invited affected employees to elect representatives, the affected employees have failed to do so within a reasonable time, he shall give to each affected employee the information set out in paragraph (6)..

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