Dealing with elected representatives

Training elected representatives

You have a responsibility to:

• Make sure that elected representatives get the training they need to carry out their roles
• Give them the necessary time off with pay
• Pay for any reasonable costs to do with that training
• Provide them with the appropriate help and facilities so they can carry out their role

Dismissing employees

By law, you can't dismiss or punish employees because they've taken part in health and safety consultations (whether as an individual or a representative). This includes if they become a candidate for health and safety representatives or take part in voting.

Information to facilitate consultation

You must give employees or their representatives enough information so that they can take part fully and effectively in the consultation. If you choose to, you can consult both the employees and their representatives about a particular issue.

You don't have to give information that you're not aware of, or if:

• It would be against the interests of national security or against the law;
• It's about someone who hasn't given their permission for it to be given out;
• It would harm the business (other than for reasons of its effect on health and safety); or
• The information is connected to legal proceedings.

Disagreements

If you disagree with employees or their representatives about the consultation arrangements, you should first try to agree through the normal procedures in the organisation.

The Advisory, Conciliation and Arbitration Service (Acas) (or, In Northern Ireland, the Labour Relations Agency (LRA)) can become involved if necessary.

Any employee can apply to an Employment Tribunal (ET) (or, in Northern Ireland, the Industrial Tribunal) if they feel they've been punished for taking part in consultations. Representatives who don't get the time off, pay or training can also apply to an ET.