| Commentary

B. Who has the right?

| Commentary

B.     Who has the right?

The right is conferred on any employee who has been elected as an employee representative under the provisions of TULR(C)A 1992 or TUPE 2006, SI 2006/246, referred to above, or is a candidate in an election for such representatives (ERA 1996, s 61(1)). 'Elected' here would presumably include having been nominated and returned unopposed, where there are no more candidates than the number of representatives specified by the employer, by analogy with the decision of the EAT in Phillips v Xtera Communications Ltd [2011]

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