Employee consultation where there is no union recognition

Under the Health and Safety (Consultation with Employees) Regulations 1996 (HSCER), employers must consult employees who are not covered by trade union safety reps. The employer can choose to consult these employees directly or through elected representatives.

If representatives are to be elected, the employer must make arrangements for elections of representatives of employee safety (ROES), who are elected by the group of employees with whom they work.

Trade union members can stand for election and can represent a workforce, even though the union is not recognised. Rights to time off, training and protection from harassment are essentially the same for safety reps and ROES, although the latter do not have the right to inspect or establish a safety committee.