Employee Representative Election Notice and Process

Notice, nomination form and process record for electing employee representatives where no recognised union covers the affected group.

Notice, nomination form and process record for electing employee representatives where no recognised union covers the affected group.

When to use it

Before collective consultation begins, where there is no recognised trade union for the affected employees.

Electing employee representatives fairly and on time

Where no trade union is recognised for the affected employees, collective consultation cannot begin until representatives are in place. Getting the election right matters: a flawed election can invalidate the consultation that follows and expose the employer to protective award claims.

What the pack contains

A notice to employees explaining what is happening and why representatives are needed, a nomination and self-nomination form, ballot arrangements covering constituencies and the number of representatives, and an election record with a declaration of the result. Together they form the evidence that the election was fair and that employees had a genuine opportunity to stand and to vote.

Designing the constituencies

The representatives must properly represent the affected employees. Where the affected group spans sites, shifts or very different job families, split constituencies so each group has a voice. Decide the number of representatives in proportion to the size of the group, and record the reasoning.

Timing

Run the election before consultation opens, and build the days into the Restructure Project Plan and Timeline. Allow enough time for nominations and a secret ballot — a rushed election is the most common defect. If insufficient candidates come forward after a genuine invitation, record that too; the position is different from simply not asking.

Supporting the representatives

Representatives need paid time off to prepare, access to the affected employees, and facilities to meet. They also need the information required under section 188, which the Section 188 Letter to Representatives provides. Treating the role seriously improves the quality of consultation and the credibility of the outcome. The full process is set out in our restructuring guides.