Phillips v Xtera Communications Ltd - Employee representatives for redundancy consultation purposes  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.