The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995

Duty to inform and consult representatives

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

(2) In paragraph (1), for ““an affected employee” means, in relation to a relevant transfer, any employee” substitute “references to affected employees, in relation to a relevant transfer, are to any employees”.

(3) In paragraph (2), for the words from “consultations” to “union’s representatives,” substitute “the employer of any affected employees to consult all the persons who are appropriate representatives of any of those affected employees,”.

(4) After that paragraph insert—

“(2A) For the purposes of this Regulation the appropriate representatives of any employees are—

(a) employee representatives elected by them; or

(b) if the employees are of a description in respect of which an independent trade union is recognised by the employer, representatives of the trade union,

or (in the case of employees who both elect employee representatives and are of such a description) either employee representatives elected by them or representatives of the trade union, as the employer chooses.”

(5) In paragraph (4), for the words from “representatives” to “employer, or” substitute “appropriate representatives shall be given to each of them by being delivered to them, or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union)”.

(6) In paragraph (5), for the words from “of a description” to “that union” substitute “he shall consult all the persons who are appropriate representatives of any of the affected employees in relation to whom he envisages taking measures”.

(7) In paragraph (6), for “trade union” substitute “appropriate”.

(8) After that paragraph insert—

“(6A) The employer shall allow the appropriate representatives access to the affected employees and shall afford to those representatives such accommodation and other facilities as may be appropriate.”

(9) In paragraph (7), for “the foregoing paragraphs” substitute “paragraphs (2) to (6)”.

(10) After that paragraph insert—

“(8) Where—

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

(b) the invitation was issued long enough before the time when the employer is required to give information under paragraph (2) above to allow them to elect representatives by that time,

the employer shall be treated as complying with the requirements of this Regulation in relation to those employees if he complies with those requirements as soon as is reasonably practicable after the election of the representatives.”

(11) In the side-heading, omit “trade union”.