Make Sure Your Reps Are "Appropriate"

Once the obligation to consult under section 188 of the TULRCA has been triggered, the requirement under that section is to consult "appropriate" representatives; that is either representatives of the recognised trade union or employee representatives who can either be elected specifically for the purpose of carrying out the consultation or be members of an existing body. In the latter case the representatives must have been elected by the affected employees and have authority from those employees to receive information and to be consulted about the proposed dismissals on their behalf.

The recent case of Kelly and Jackson v The Hesley Group concerned a group of approximately 300 care workers who were asked to accept cuts to their working hours, wage freezes and a reduction in overtime payments. Some 32 of the workers refused to accept the changes and the employers terminated their contracts. In so doing the requirements of section 188 were triggered because, as