All the legislation on employee involvement, whether dealing with transnational information and consultation, large-scale redundancies, business transfers or health and safety, gives employees who act as representatives legal rights and protection. In summary, employees have the right to paid time off from work to stand as candidates for election and to carry out their functions as employee representatives. They are also protected from being unfavourably treated, dismissed or selected for redundancy because they have carried out their functions as candidates or representatives. All of these rights apply regardless of the employee's age or length of service with the employer.
The Information and Consultation of Employees Regulations 2004 give employees who act as negotiating representatives or information and consultation representatives the right to a reasonable amount of paid time off to carry out their functions.
Under the Transnational Information and Consultation of Employees Regulations 1999 (trans-european employers), employees have the right to a reasonable amount of paid time off to carry out their functions as a member of a special negotiating body or a European Works Council or as an information and consultation representative. Employees who are standing for election to these positions are also entitled to reasonable paid time off to perform their functions as candidates.
Under the Safety Representatives and Safety Committees Regulations 1977, safety representatives have the right to as much paid time off work as is necessary to perform their functions and to undergo related training. The Health and Safety Commission has issued a Code of Practice ( Employee involvement links ) that gives guidance on this right. Whilst it is not unlawful in itself for an employer to disregard the Code, its contents will be taken into account by an employment tribunal when hearing a claim that the employer has failed to respect a representative's right to time off. Similarly, elected representatives of employee safety are entitled to whatever paid time off is necessary to perform their functions, under the Health and Safety (Consultation with Employees) Regulations 1996. Employees standing for election as representatives are entitled to a reasonable amount of paid time off to perform their functions as candidates.
Employee representatives, and candidates for election as representatives, involved in consultation on large-scale redundancies (collective consultation) and business transfers (informing and consulting) have similar rights to paid time off work to perform their functions.
It is unlawful for an employer to treat an employee unfavourably, dismiss an employee or select an employee for redundancy because the employee:
- performed his or her functions as a negotiating representative or an information and consultation representative, or as a candidate or voter in the election of representatives, under the Information and Consultation of Employees Regulations 2004;
- performed his or her functions or activities as a member of a special negotiating body or a European Works Council, an information and consultation representative, or a candidate for election to one of those positions, under the Transnational Information and Consultation of Employees Regulations 1999;
- asserted his or her rights under those Regulations or took certain other steps, including supporting or opposing the establishment of a European Works Council or an information and consultation procedure;
- took part in consultation with the employer on health and safety, under the Health and Safety (Consultation with Employees) Regulations 1996;
- participated in an election of representatives of employee safety under those Regulations, whether as a candidate or as a voter;
- carried out functions as a safety representative or member of a safety committee; or
- asserted his or her right to time off work to carry out the various representative functions outlined above.
Similar protection applies to employees carrying out their functions as representatives, or candidates for election as representatives, in relation to consultations on large-scale redundancies and business transfers.
In some cases, employee representatives who are dismissed for carrying out their functions may be able to obtain an order from an employment tribunal that they should be re-employed pending the hearing of their unfair dismissal claim (interim relief ).