Union reps and redundancy

Q: I believe that an employer must consult the union if it is taking disciplinary action against a union rep. Does the same apply if the employer is intending to make a union rep redundant?

A: You are right that an employer should consult the union if it plans to take disciplinary action against a union rep, according to the Acas code of practice on Disciplinary and grievance procedures (paragraph 42). This notes that such action can lead to a "serious dispute if it is seen as an attack on the union's functions", and recommends that the employer should (as long as it has the employee's consent) discuss it with a senior rep or full-time official.

There is no similar guidance in relation to redundancy, but it is unlawful to select anyone for redundancy on grounds of union membership or activities. If an individual is selected for redundancy because s/he is a union rep, the dismissal is automatically unfair.