Employee reps election result notice

Where you’ve had to arrange for the election of employee representatives in either a redundancy or changing employment terms collective consultation situation, you’ll need to notify staff of the outcome of that election.

Ballot outcome

Where you need to arrange for the election of employee reps, you can use our Letter Inviting Employees to Elect Employee Reps accompanied by our Ballot Form for Election of Employee Reps. The three situations where you might need to use these letters are where you are to undertake collective consultation on redundancy or on a proposed dismissal and re-employment (to implement a change to contractual employment terms) or in a TUPE transfer situation. The requirements for a valid election are the same in all three situations. Once you’ve held your election, employees have cast their votes in a ballot (which could be a postal ballot or held in the workplace) and you’ve accurately counted those votes, you then need to declare who has been elected as employee reps. This will normally be those who secure the highest number of votes based on a “first past the post” system and the number of reps that were to be elected. In the event of a tie, to save any dispute, it’s best that all the candidates who tied are appointed as employee reps. Note that there’s no requirement to appoint an independent ballot supervisor to oversee your ballot. However, your process may run more smoothly, and be less likely to be challenged, if a third party is in charge. Similarly, there’s no requirement for candidates to be present to observe the vote count but it’s preferable to give them this opportunity. The purpose of our Employee Reps Election Result Notice is to notify the affected employees of the outcome of the ballot - do this as soon as possible after the result of the election is known. Our Announcement of TUPE Employee Reps Election Result covers notifying the outcome of the ballot in TUPE transfer situations, so this notice covers notifying the ballot outcome in the other two situations identified above.

Role of employee reps

As well as setting out the names of those who have been elected and their new term of office, our notice explains to employees what the role of their new employee reps is in the relevant collective consultation process, so that they can understand exactly how their interests will be represented.

Right to time off

Employee reps (and candidates in an election for employee reps) have the right to reasonable paid time off during working hours to perform their functions or to undergo training for the role.