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Both regulations

It is quite common to have some parts of a business where employees are members of recognised trade unions and others where they are not. In this case, you may have to consult both:

Good practice

Case study: UCATT

The Union of Construction Allied Trades and Technicians (UCATT) has a long-standing policy of partnership and co-operation between employers and employees on health and safety matters. Although the Union firmly believes in the value of health and safety committees, it warns that many organisation jump too quickly when putting together such committees without appropriate preparation...
Read the UCATT case study