Do employers have to consult with workers if there is no recognised union?

Yes. Employers cannot avoid their consultation obligations simply because there is no recognised trade union. 

Where collective consultation requirements apply, employers must consult with appropriate representatives of the affected employees. If there is no recognised union and no existing employee representative body with authority to be consulted, the employer will usually need to arrange for employee representatives to be elected specifically for the consultation process. 

The representatives must be given sufficient information about the proposed redundancies and have an opportunity to discuss ways of avoiding redundancies, reducing the number of dismissals and mitigating their consequences. 

Individual consultation obligations also continue to apply. Even where collective consultation is taking place, employers should normally consult individually with employees who are at risk of redundancy before making final decisions. 

The purpose of consultation is to seek views and consider alternatives before decisions are made, rather than simply informing employees of an outcome that has already been decided. 

What this means for union reps 

• In non-union workplaces, employees may need to elect representatives to take part in collective consultation. 
• Consultation should be meaningful and take place early enough to influence decisions, not simply communicate them. 
• Reps organising in non-recognised workplaces may have opportunities to support workers through the election and consultation process. 
• Where workers are members of a union but there is no recognition agreement, they should still seek advice and support from their union throughout the redundancy process.