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).