Commentary

A. Introduction to employee representatives

Division CII Time Off Work
| Commentary

A. Introduction to employee representatives

| Commentary

5.     Employee representatives: TUPE and TULR(C)A

Contributing Editor

THE HONOURABLE MRS JUSTICE HEATHER WILLIAMS

Justice of the High Court

A.     Introduction to employee representatives

An employer who is proposing collective redundancies is required to consult with the 'appropriate representatives' of the employees concerned (TULR(C)A 1992 s 188(1)). Similarly, if there is to be a transfer of undertaking, the employer must inform and, where relevant, consult the 'appropriate representatives' (TUPE 2006, SI 2006/246, reg 13(2)). As originally enacted, both statutory duties required consultation only with recognised trade unions, but following decisions of the ECJ that the UK had

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