For the purposes of redundancy consultation under the Trade Union and Labour Relations (Consolidation) Act 1992 s.188 [1], 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.