Where collective redundancy consultation obligations kick in, the consultation must take place with "appropriate representatives". If there is a recognised union, the appropriate representatives are automatically from that union. If, however, there is no recognised union, there are detailed balloting and voting provisions in place to appoint the representatives.
But do these detailed provisions need to be followed when the number of candidates who put themselves forward to be representatives is equal to the number of places for representatives?
In Phillips v Xtera communications Ltd the EAT, in a common sense decision, has said that the answer to this question is "no".
The EAT's common sense decision
The EAT concluded that, for the purposes of the collective redundancy consultation rules, as the number of candidates who were put forward to be appropriate representatives precisely matched the number of representatives to be elected, and no further candidates were proposed:
- there was an election; and
- in these circumstances, no ballot or vote was required.
If you are therefore in a position where you have decided how many representatives you need, and the same number of people are put forward as candidates, you no longer need to hold a ballot or vote as a formality.
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