1. Employee Consultation Group ROLE OF CONSULTATION GROUP - Robert Joy -

2. Employee Consultation Group Legal Requirements for Consultation When the duty to consult arises With whom to consult? Meaning of “consultation” Failure to consult – consequences Rights & Duties of Colleague Representatives

3. Legal Requirements for Consultation When there is a proposal to make 20 + employees redundant over a 90 day period (redundancy consultation) consultation must begin 30 days before the first dismissal takes effect. Where there is a transfer under the TUPE Regulations 2006, i.e. the transfer of a business or part thereof where the employees follow the business. There are other areas of employment law requiring consultation, outside the scope of this presentation

4. Redundancy Consultation - details Must be 20 + dismissals Reason is redundancy, i.e. job is no longer required Dismissals carried out over a 90 day period Carried out at one “establishment” Obligation to Notify the Insolvency Service is additional to obligation to consult

5. With whom to consult? Recognised Trade Unions... if none then “Appropriate Representatives” of the workforce Appropriate Reps may be in place for some other purpose OR Elected by workforce for the purposes of consultation What about Individuals?

6. General – election of representatives Employer must ensure fair election process Employer determines the number of reps Employer determines the term of office for reps No affected employee must be unreasonably excluded All affected employees entitled to vote Vote in secret and votes to be accurately counted

7. Rights & duties of representatives Time off for training Access to the affected employees Such accommodation and other facilities as appropriate Protection from dismissal or action short of dismissal – so cannot be victimised for being a rep Confidentiality obligations

8. Information to be provided to reps Reasons for Redundancies Numbers description and total number of employees at the establishment Methods of selection Method for carrying out dismissals Details of redundancy payments (in excess of statutory minimum) Details of agency workers, i.e. where they are working and the type of work being carried out

9. What to consult about? Ways of avoiding dismissals Ways of reducing the numbers to be dismissed Ways of mitigating the consequences of dismissals Consultation must be carried out “with a view to reaching agreement”

10. When to consult 20 + Employees then 30 days before the first dismissal takes effect 100 + employees 90 days before the first dismissal takes effect When does a dismissal take effect? What is an establishment?

11. A Practical definition of consultation Formative Proposals Adequate time and information provided for consideration of proposals and the formation of counter proposals Consider response to counter proposals With a view to reaching agreement

12. Practical definition of consultation Provision of Information Consultation Negotiated Outcome

13. Practical tips Evaluate management proposals from your own knowledge and experience Seek feedback from employees on management proposals Feedback to management on the proposals/measures that are put to you Collaborate with each other