Labour Research (May 2015)

Law Queries

Recognition and redundancy

Q. Our employer is carrying out collective redundancies. Our union is recognised for some, but not all, of the affected employees. Our employer is refusing to allow the union to represent the employees who are outside the bargaining unit. Can we insist on representing these employees in the redundancy negotiations if most of them would like us to?

A. No you cannot insist. Section 188(1B)(a) of the Trade Union and Labour Relations Act 1992 (TULRCA) only entitles the union to represent employees at risk of redundancy who are in the bargaining unit for which the union has representation rights.

Your union has no right to represent workers outside the bargaining unit in the consultation, and no right to win a protective award for these workers if that consultation is defective.

Instead, the employer must allow these employees to elect their own representatives from among the group of at-risk employees who are outside the bargaining unit.

The election process must comply with the detailed rules found in Section 188A of TULRCA. There is nothing to stop union members standing for election, as long as they belong to the group of at-risk employees who are outside the bargaining unit.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.