Appropriate representatives

Under section 188 of TULRCA, consultation over collective redundancies must take place with “appropriate representatives”.

Where there is a recognised union, the appropriate representatives are representatives of the union. This is regardless of whether the employees at risk of redundancy are union members. If there is more than one union, the employer must consult all the recognised unions, even if members of one union are not affected (Governing Body of Northern Ireland Hotel and Catering College v NATFHE [1995] IRLR 83).

If there is no recognised union, the appropriate representatives can be either:

• representatives of affected employees, appointed or elected generally for consultation and information purposes (i.e. a standing representative body or staff association); or

• employee representatives elected by affected employees solely for the purpose of the redundancy consultation exercise.