Section 189(1)

Where an employer has failed to comply with a requirement of section 188 or section 188A, a complaint may be presented to an employment tribunal on that ground– in the case of a failure relating to the election of employee representatives, by any of the affected employees or by any of the employees who have been dismissed as redundant; in the case of any other failure relating to employee representatives, by any of the employee representatives to whom the failure related, in the case of failure relating to representatives of a trade union, by the trade union, and in any other case, by any of the affected employees or by any of the employees who have been dismissed as redundant.

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Source: legislation.gov.uk · retrieved 2026-09-04