Archive Website of the UK government

Trade union representatives

If you are represented by a recognised trade union in your workplace, then your employer should consult with an authorised official from that trade union. This could be a:

• shop steward
• district union official
• national or regional official (if appropriate)
  

• Trade unions

Employee representatives

If your employer does not recognise a trade union or you work in part of the company that isn’t represented by a recognised trade union, then your employer should make arrangements to allow you to elect representatives. These representatives will take part in the consultation on your behalf.

The representatives could be an existing representatives (for example those involved in ongoing information and consultation arrangements) or they could be specially elected for this consultation.

The representatives must have the authority to represent you and must be fit for the task. For example, it would not be appropriate for a committee set up to discuss the operation of a staff canteen to be consulted about redundancies amongst sales staff.

If you need to elect representatives for the consultation your employer must:

• ensure that the elections are fair
• ensure that, as far as is reasonably practical, votes can be cast secretly and are accurately counted
• allow for enough representatives to represent the interests of all affected employees
• set out how long the representatives will be in place for

Any employee that is affected by the proposed redundancies can stand for election as an employee representative. All affected employees are entitled to vote in the election for representatives and can vote for as many candidates as there will be representatives to represent them.

If you are not represented by a recognised trade union and you do not elect representatives to be consulted then your employer can consult you directly.

Rights of employees and representatives

Employees and employee representatives have certain rights and protections. These allow them to fully take part in the consultation process. Your employer cannot dismiss you or subject you to a detriment (eg by not giving you a pay rise or cutting your hours) if you take part in an election to become a representative or for fulfilling your duties as a representative.

If you are a representative, your employer is required to allow you appropriate access to the people you represent and to certain facilities, for example a telephone, to allow you to represent them effectively. You also have a right to reasonable paid time off for your representative duties. What is considered ‘reasonable’ will differ in each circumstance.

If you are dismissed or suffer detriment for standing for election as a representative or acting as a representative then you may be able to make a claim to an Employment Tribunal.

Where to get help

If you need further help on your employment rights see the employment useful contacts page. If you are a member of a trade union, you can get help, support and advice from them.

• Employment contacts

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Labour Relations Agency, Northern Ireland

• Citizens Advice Bureau

• Insolvency Service

• Jobcentre Plus