Schools invariably recognise trade unions for the purposes of collective consultation and, therefore, must consult with those trade unions about the proposed redundancy dismissals.
In rare situations, where there is a standard body of representatives in respect of the workforce (such as a Works Council), the School should consult with them in the absence of a recognised trade union – but only if that body has authority to consult on behalf of the workforce about collective redundancies. Not all representative bodies can be said to have authority to consult on behalf of the workforce in these circumstances.
Where there is no trade union or appropriate standing body of representatives, the School must arrange to hold elections for employee representatives. Similarly where there is a trade union or standing body which only represents a part of the workforce which is affected, the School will need to arrange employee representative elections to cover the remaining workforce.
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