Collective redundancies - appropriate representatives

Under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less it has a duty to consult with "appropriate representatives". The appropriate representatives vary depending on the circumstances. 

¹Having regard to the purposes for and the method by which they were appointed/elected. 

²The election must satisfy the requirements set out in s.188A(1). 

Section 188A(1) of TULR(C)A sets out the requirements for the election of employee representatives with which the employer must comply where an election is appropriate and the XpertHR guide How to arrange the election of employee representatives for collective redundancy consultation purposes provides practical guidance for employers on organising a legally compliant election process. The XpertHR workflow on redundancy is a step-by-step guide for the employer to carry out a redundancy process, indicating at which stage the employer should consider carrying out elections.