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Phillips v Xtera Communications Ltd - Employee representatives for redundancy consultation purposes [2011] EAT

For the purposes of redundancy consultation under the Trade Union and Labour Relations (Consolidation) Act 1992 s.188, workers' representatives can be elected without having gone through a formal ballot if the number of nominees is not more than the number of representatives required.

In June 2008, Xtera Communications Ltd identified a need to make substantial cuts to its workforce, including closing the site at Harold Wood where Mr Phillips had been an employee for five years. Xtera notified its staff by e-mail of this decision and invited the employees to nominate two representatives to negotiate with management on their behalf. The e-mail offered to hold an election for the representatives' positions.

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