Employee representation plays an important role in both Redundancy and TUPE situations, Interfacing between the workforce and management, sharing information in both directions, the role is both pivotal and demanding.  

This one-day course explains the underpinning legislation relating to both redundancy and TUPE.  It provides the information and understanding that helps employee representatives carry out their duties more effectively and answer colleague questions about process in a more informed manner. 

Whilst some staff may see the role as challenging employer decisions; this is an incorrect view and one that employee representatives need to dispel.  The role of employee representatives revolves around:

• Consulting and reaching outcomes that work for all parties
• Receiving information from the employer and conveying it to those they represent
• Gathering feedback, views and suggestions, from those they represent and passing it to the employer
• Acting in a professional manner at all times

For Whom
This training is suitable for all Employee Representatives, including Union and Non-Union, from all companies and organisations. It is especially useful during times of change, when; outsourcing or changes to contracts/service agreements could lead to TUPE or redundancy situations.  

NOTE: this course overview is tailored to the needs of employee representatives, content can be adjusted to reflect the needs of HR teams and Operational Mangers/Leaders

CONTENT

1. General Role and Duties of the Effective Employee Representative
   This short session introductory session reviews the overarching role, duties and behaviours of effective Employee representatives and set the scene on the staff representatives’ role in redundancy/TUPE situations.

• Partaking in consultations and negotiations where required by Law
• Representing the view of their colleagues
• Cascading information relating to organisation policy and change
• Championing and contributing to organisational success
• Consultation vs Negotiation and the right or managers to manage
• Advocacy type duties
  

2. Redundancy

Redundancy Law – Key Points

• Notification
  • Employers’ Duty to Inform
  • Employers’ Duty to Consult
• Selection Process
  • Unfair selection
  • Appeals, Tribunals
    • Options, pros and cons
    • Alternatives
  • Consultation/s
    • Collective and Individual
    • Fair, reasonable, frequency and time scales
  • Alternative Options
    • Short term layoffs, sabbaticals and volunteer working
    • Changes to pay and benefits
    • Early retirement
    • Voluntary redundancy
    • Alternative roles and trial periods
    • Refusing offers
    • Job hunting and time off work
  • Redundancy Pay
    • Notice periods and payments in lieu
    • Statutory redundancy pay rates
    • Holiday pay, unpaid wages, benefits, tax and NI
    • Redundancy service payments

The Employee Representatives’ Role and Duties (Redundancy Situations)

• Consultation vs Negotiation – a reminder
• Clarifying and confirming process with employers
• Analysing policies and approach
• Legal compliance
• Exploring alternative solutions and options
• Championing and representing employees’ views fairly
• Impartial, Group, Individual
• Handling conflicts with own personal views

Sign Posting Support Options

• Internal
  • Individual, consultation led
  • Other Organisation specific approaches where applicable
• External
  • Universal credit and benefit calculators
  • Job centre plus rapid response service
    • CV support and help with any costs of finding new work
    • Benefit information, re-training and work trials
    • Self-employment
  • Other options – charities, money advice services, Citizens Advice

3.0   TUPE – The Transfer of Undertakings (Protection of Employment) Regulations)

The TUPE regulations, process and good practice

• Situations in which the TUPE regulations apply
• Key definitions and terms
• What the TUPE regulations cover and when they apply
• Exemptions
• The ACAS Code, Legal Rights and latest developments
• The organisational context/rationale/benefits

The role and duties of Employee Representatives   
This session explores the role and duty of employee reps in generic terms then delves deeper into the specifics that apply in TUPE “transfer out” situations.  

• What is consultation?
• The role of the Staff Representative during TUPE consultation
• Receiving information from the employer and cascading to colleagues
• Gathering feedback, views and suggestions from those they represent
• Participating in consultation meetings and presenting colleagues views
• keeping the employees informed of progress and developments
• Signposting other support routes
• Time off from other duties
• Using step by step checklists produced by ACAS to benchmark employer information and data
• Commercial confidentiality
• Deadlines – internal and external

Skills for Success
This explores the personal skills and behaviours that help employee representatives be more successful in role.  It includes a raft of hints tips and guidance on good practice. These apply to both redundancy and TUPE and are fully transferable to other activities both in work and outside.

Self-Awareness

• Managing personal assumptions and own prejudices
• Objective v Subjective judgements
• Johari’s Window

Meetings

• Hints and tips on how to perform well during meetings
• Meetings with management, staff and individuals
• Meetings with individuals
• Gathering and verifying information
• Presenting colleague views and suggestions

Colleague Engagement

• Briefing colleagues and cascading information
• Managing any request to challenge the employer’s decision
• Keeping colleagues informed of updates and developments
• Collecting and managing views, feedback and concerns
• Allaying fears and assuring staff

Counselling and Support
How different staff may feel during redundancy and TUPE situations. This session provides guidance on how reps should adjust their personal styles to suit, remembering the need to remain professional.

• Empathy, Sympathy and Professionalism
• Upset Colleagues
• Anxious or nervous colleagues
• Angry, Confused and rambling colleagues
• Shy and diffident colleagues 

Reporting Back and Public Speaking
Combines the foregoing skills and other fresh topics around the theme of public speaking

Communication, Listening and Questioning

• Active listening
• Observational skills
• Body language: posture, gestures, tone, voice, use of words
• Questioning – closed, open, supplementary, probing, hypothetical

Working with others in an effective manner

• Understanding the various roles and remits
• protocols/overlap/divergence
• Dovetailing role and responsibilities with other representatives
• Colleague representatives
• Union representatives

Influencing others

• Assertive – Aggressive – Passive – Passive/Aggressive Behaviour
• Six techniques to deal with difficult situations

Negotiation

• The five key stages in any negotiation situation
• planning your approach in meetings
• knowing how and when to intervene

 Planning and Organisational Skills

• Being Proactive – able to seek out the views of all staff represented
• Organised – able to ensure the views of most of the service area group are sought prior to and after meetings