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The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995
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Construction of references to representatives.
6. For section 196 of the 1992 Act substitute—
“196. Construction of references to representatives.
(1) For the purposes of this Chapter persons are employee representatives if—
(a)they have been elected by employees for the specific purpose of being consulted by their employer about dismissals proposed by him, or
(b)having been elected by employees (whether before or after dismissals have been proposed by their employer) otherwise than for that specific purpose, it is appropriate (having regard to the purposes for which they were elected) for the employer to consult them about dismissals proposed by him,
and (in either case) they are employed by the employer at the time when they are elected.
(2) References in this Chapter to representatives of a trade union, in relation to an employer, are to officials or other persons authorised by the trade union to carry on collective bargaining with the employer.”
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