Where there is a trade union recognised for these purposes in respect of the workforce, the employer must consult with the trade union about the proposed redundancy dismissals.
Where there is a standard body of representatives in respect of the workforce (such as a Works Council), the employer 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 employer 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 employer will need to arrange employee representative elections to cover the remaining workforce.
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