Consulting with no union recognition

In the absence of union recognition the employer has the right to decide on the composition of any body of employee representatives with whom consultation will take place. Reps can be:

• appointed or elected by employees not just for the sole purpose of consultation on a specific redundancy or transfer situation (they must have the authority of employees to receive information and be consulted); or

• selected by affected employees, purely for the purpose of specific consultation.

In the event of union elections, arrangements could include time off to hold hustings when employees get the opportunity to meet with all of the candidates at the same time. They also have the right to a reasonable amount of time off for training (see page 51).

Although employees themselves do not have the right to paid time off to meet with employee representatives, the Acas Code of Practice (paragraph 41) makes the recommendation that employee representatives and candidates secure paid time off for employees, particularly in the run up to elections (see page 27).