What is the time frame for electing employee representatives for collective redundancy consultation purposes?
The election of employee representatives for collective redundancy purposes must be completed in time for the employer to comply with the relevant consultation timescales under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The consultation must begin at least 45 days before the first dismissal takes effect where 100 or more redundancies are proposed, or at least 30 days before, if 20 to 99 redundancies are proposed.
The employer should begin arrangements for the election as soon as it is apparent that one will be necessary. It should allow enough time to carry out a fair election before beginning consultation, taking account of the time that it will take to request and receive nominations for candidates; inform employees of the nominations; conduct the ballot; count the votes; and announce the result. The length of time needed to complete the process will depend on factors such as the number of affected employees, the number of candidates and the number of sites involved.