The law on statutory consultation requires you to consult with ‘appropriate representatives’. If you are using elected employee representatives as your appropriate representatives, then you will need to hold an election. The statutory rules do not specify exactly how an election should be run, but they do state that you must do what is ‘reasonably practicable’ to ensure that it is fair. This page gives a suggested framework for running such an election.
The framework will not suit all situations. For example, if there are very few affected employees who know each other well, say in a very small scale TUPE transfer, then you may not need to have formal election processes. If the affected employees agree, you could simply ask them to let you know who they want to be their representative.
Contact EEFif you would like us to help you design or run an election process.