You only need to have elections for your employees to elect their representative(s) if you:
- do not have trade union-appointed safety representatives
- decide not to consult your employees individually, or
- have more than one employee volunteer to be a representative for the same group or constituency of employees
The election of health and safety representatives does not need to be difficult, but it does need to be considered, planned, practical, fair and open. You may have a working group set up to help you start the process of consulting your workers so they can help you with the planning process.
Once you have decided that you need your employees to elect representatives, you will need to think about the following actions set out in this page.
Deciding how many representatives you need
There is no right number of elected health and safety representatives, as it will depend on your business. You need to think about:
- the total number of employees to be represented
- the different groups or constituencies depending on the jobs being done, locations, and work patterns – this page has more guidance on how to involve your employees
- the nature of the work activities performed, including the degree and character of health and safety risks your employees may face
Larger employers may have several groups or constituencies each requiring a representative. Smaller employers may have fewer representatives or one for the whole workforce. If you are not sure how many representatives you should have, ask your employees what they think or request views from your working group.
How often you will need to hold elections
You will probably need to hold elections when:
- elected representatives change jobs or stand down and can no longer represent the group of employees they were elected to
- the business is restructured or when there are major changes so the groups or constituencies change
- there has not been an election for some time, so the choice of the current workforce needs to be reflected
An elected representative will need some time to develop the skills and experience they will need to perform their role effectively before you consider holding another election. Considering these types of things will help you plan when you will need to hold elections so you do not duplicate effort and still have representatives your employees have chosen.
How you can involve employees
The point of having employee representatives is to take on board the views of your workforce and get them involved in the issues. It is an ideal opportunity to promote health and safety messages and encourage co-operation.
It is in everyone's interests to have good candidates stand for the election process. There is a better chance of this happening if the workforce understands:
- how much you value the role of an employee representative
- what they will have to do and what they will not be expected to do
- what support and training they will get
- what a difference they can make
Employees are more likely to volunteer if they are clear about what the role involves, and enthusiastic about the impact they could have. You need to make sure you are getting these messages out to them. You can find more ideas on how to involve your employees.
You also need to explain:
- the election process, including the reasonable time employees can have to prepare as a candidate
- the proposed size of the constituency or group of people they will be representing
- the length of time they can serve as a representative
Once you have explained all this to encourage your employees and asked for candidates to come forward, there could be several outcomes:
- having enough candidates
- not having enough candidates
- no candidates
- candidates who your employees do not want to represent them
Where you have enough candidates
If there are enough candidates for the number of representatives you need for each group or constituency of employees, you do not need to have elections. However, it is good practice to let your employees have the chance to approve the individuals who have come forward.
When there are not enough candidates
If not enough candidates come forward to cover the number and groups of representatives you need, you should:
- still allow your employees to endorse candidates that have come forward
- discuss with the endorsed candidates whether they can represent a wider group of employees until suitable candidates are found
- agree a process to carry on finding suitable candidates for the employees without their own representative
If you have no candidates
If no candidates come forward, you are still obliged to consult with the whole workforce about health and safety matters. You will have to consult directly with your employees.
You can still promote the idea of having representatives and run the election process at a later date.
Candidates your employees do not want to represent them
If your employees do not support their own representative, the consultation process itself is jeopardised because their views are already being undermined. If candidates are not endorsed by your employees, you will have to consult directly with your employees.
If you and your employees both agree that there should still be representatives, you can re-run the election process as well. This may encourage candidates who did not volunteer before to take action, particularly if they reflect the choice of employees more than others.
A fair and open election
To make sure that your employees get their choice of representative, the election needs to be as open as possible and fair for all involved. To make your election arrangements fair, practical and accessible, make sure:
- all those who can stand as a candidate, and those able to vote, can do so without being intimidated or penalised. Encourage and motivate employees to get involved by letting them know how important it is for you both to have employee input
- votes can be cast anonymously so employees can vote for who they really want to represent them. This also makes it less intimidating for employees who may not feel comfortable voting publicly, for example by a show of hands
- ballot papers are not tampered with at any stage, for example they could all be protected with serial numbers. This means the results are valid and fair so the outcome is more likely to be accepted by those who voted
- each of the employees to be represented has an opportunity to vote without any disadvantage to themselves or their chosen candidate. Consider different methods of balloting, for example postal ballots if it allows a more mobile or widely spread workforce to participate. You should also let employees have enough notice so they can make time to vote if, for example, they will have to go to a particular place on a specific day to vote
- the result is determined by the accurately counted number of votes cast for each candidate. Try to have independent people counting the votes, for example employee volunteers from another constituency. There should also be a process to check the accuracy of the count with all ballot papers accounted for
- the result is communicated with the number of votes cast for each candidate as soon as possible to all candidates and all employees to be represented. How you let people know will vary from a notice in the relevant workplace to a global e-mail or dedicated intranet page. You should choose a method appropriate for your business, so that your employees know who their elected representative is
One way of ensuring an election is fair and open is to let an organisation providing independent scrutiny to run it for you, so your employees have confidence in participating and in the result.
Once they have been elected, your employee representatives should be given the necessary time, support, training and facilities to become effective in their role. You can find guidance on what workforce-elected health and safety representatives do.