If employee representatives are elected to consult on redundancies, how should those elections be conducted?
If employee representatives are elected to consult on redundancies, the employer must make reasonable practical arrangements to ensure a fair election. Section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 sets out procedural requirements for the election of employee representatives. The employer should decide how many representatives should be elected so that there are sufficient to represent the affected employees' interests, and whether each representative should represent all employees or a particular section of the workforce. It should also decide how long the representatives' term of office will be.
The employer must make its arrangements in a way that does not unreasonably exclude any affected employee from standing for election, and that allows all affected employees to vote. It is for the employer to decide how candidates should be nominated for election, for example by self-nomination or nomination by colleagues. As far as is reasonably practicable, voting must be done in secret. Employees must be able to vote for as many candidates as there are representatives to be elected. Arrangements must be in place to ensure that the votes are accurately counted.