Can an employer place restrictions on who can stand as a candidate in elections for informing and consulting on a TUPE transfer?

Regulation 14(1)(f) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) provides that an employer must not "unreasonably exclude" any affected employee from standing for election for TUPE consultation purposes. Therefore, employers can place restrictions on who can stand only where this is reasonable.

It could be reasonable for an employer to exclude certain employees from standing for election, for example employees who will be on annual leave for a significant proportion of the consultation period, or employees who are working their notice period.