The duty to provide information to reps
[ch 11: pages 421-422]The employer must provide reps with “adequate information” for collective consultation. Section 188(4), TULRCA says that the employer must provide the following statutory information in writing:
• reason(s) for the redundancies;
• number and descriptions of employees proposed to be made redundant;
• total number of employees of any description;
• proposed selection procedure;
• proposed method for carrying out redundancy dismissals including timescale;
• proposals for calculating redundancy pay, if it is to exceed the statutory minimum;
• the number of temporary agency workers working for the employer;
• where those agency workers are working; and
• what types of work they are carrying out.
Where redundancies take place in the context of a TUPE transfer, information on agency workers must cover their use across the whole organisation, not just the transferring part, as long as these workers are under the employer’s supervision (UNISON v (1) London Borough of Barnetand (2) NSL Limited Case [2014] UKEAT/0191/13/RN).