If you employ more than five employees, you must have an employee representative. If you have less than five employees, this entire section is optional.
An identified, named Employees’ Representative (or Council) must be elected or nominated by all employees to represent the interests of employees to management.
The representative cannot be management. Their role must be documented, with a job description which clearly defines their role and rights, and recognised by management. This person shall be able to communicate complaints to management.
The representative must be aware of their role and rights. There must be a documented procedure which details the election process. You must also be able to demonstrate that the election process has been communicated to employees - this could be as part of training, or included as an appendix to their contract.
Your documentation must also show the following:
the election, and counting of votes, were carried out fairly and openly. In case of representation not elected but nominated, there must be a document justifying why elections could not take place.
the results of the election (name of the employees’ representative) were communicated to all employees.
the election/nomination has taken place in the ongoing year or production period.
the representation is current (i.e. still working for the company).
There must also be documented evidence of regular meetings, at accurate frequency, between the employees’ representative and management, where issues are addressed.