Letter inviting employees to elect employee reps

If, having asked for nominations for election as employee representatives to enable you to collectively consult on redundancy or to change employment terms if this may culminate in dismissal and re-engagement, or to consult in a TUPE transfer situation, there are more nominations than the number of representatives proposed, use our letter inviting employees to elect employee representatives to complete the election process. Once this is completed and the representatives are in post, you can then commence consultation.

The election process

Once nominations have closed, after you have used our Invitation to Staff to Nominate Themselves as Employee Reps to start off a collective redundancy consultation procedure or in a TUPE transfer situation, or our Invitation to Nominate as Employee Rep for Changing Terms to start off a collective consultation procedure on a proposed change to employment terms which may culminate in dismissal and re-engagement, if there are fewer nominations than, or the same number as, the number of representatives proposed, the nominees will usually be declared as appointed without the need for a ballot. Our Letter Inviting Employees to Elect Employee Reps is for use in those situations where a ballot does need to be held because there are more nominations than the number of representatives proposed. You will need to attach a secret ballot paper and either arrange for ballot boxes to be placed in the workplace and/or for votes to be returned in sealed envelopes. After the ballot, you will need to notify the outcome to the affected employees and you can then begin collective consultation or consultation in a TUPE transfer situation (as the case may be) with the newly elected representatives.

Note. Where affected employees fail to nominate or elect representatives within a reasonable time, you can fulfil your statutory consultation obligations by providing the relevant information in writing to each affected employee individually.

Note.  The Code of Practice on Dismissal and Re-engagement states that you should contact Acas for advice before raising the prospect of dismissal and re-engagement with employees.