§ Mr. HinchliffeTo ask the President of the Board of Trade how work force representatives will be elected for the purposes of Transfer of Undertakings (Protection of Employment) Regulations 1981 requirements; how this process will be monitored; what challenge and appeal safeguards are included; what will be the time scale for elections; how the electorate will be(a) determined and (b) monitored; and what will be the term of office for those elected. [24124]
Mr. John M. TaylorUnder the Transfer of Undertakings (Protection of Employment) Regulations 1981, as amended, an employer is required to provide, long enough before the transfer of an undertaking for consultation to take place, information to appropriate representatives of any employees who may be affected by the transfer. Appropriate representatives may be representatives of an independent trade union recognised by the employer in respect of those employees or representatives elected by the employees themselves, whether specifically for that purpose or for some other relevant purpose.
The regulations do not specify detailed rules for the election by the affected employees of representatives or the term of their office, but provision is made for complaints to be made to an industrial tribunal about an employer's failure to consult appropriate representatives. If the elected representatives or a recognised trade union consider that the employer has not consulted them as required, or the employees affected have not been given a proper opportunity to elect representatives, they may present a complaint to an industrial tribunal.