Comment TERMS AND CONDITIONS OF EMPLOYMENT : While it can be seen that the 1996 Regulations follow broadly the same pattern as those of 1977 in detail the more recent Regulations are less sympathetic to the system of collective representation. Regulation 4 empowers the employer to consult with workers directly rather than through their representatives. The functions of the representatives under the 1996 Regulations are considerably In Part I of this book it was noted that in recent years there has been an increased awareness of health problems created by subjecting persons to stressful working conditions. The civil courts, in cases such as Walker v negligence for an employer to expose employees to conditions where they are

doi:10.4324/9781843140504-198

Chapter

Comment TERMS AND CONDITIONS OF EMPLOYMENT

Chapter

While it can be seen that the 1996 Regulations follow broadly the same pattern as those of 1977 in detail the more recent Regulations are less sympathetic to the system of collective representation. Regulation 4 empowers the employer to consult with workers directly rather than through their representatives. The functions of the representatives under the 1996 Regulations are considerably In Part I of this book it was noted that in recent years there has been an increased awareness of health problems created by subjecting persons to stressful working conditions. The civil courts, in cases such as Walker v negligence for an employer to expose employees to conditions where they are

ABSTRACT

While it can be seen that the 1996 Regulations follow broadly the same pattern as those of 1977 in detail the more recent Regulations are less sympathetic to the system of collective representation. Regulation 4 empowers the employer to consult with workers directly rather than through their representatives. The functions of the representatives under the 1996 Regulations are considerably more limited than those representing a unionised workforce. In the former case they are not entitled to investigate nor do they have the right to carry out inspections of the workplace. Likewise they do not have the right to receive information from inspectors, under s 28(8) of the Act: however this apparent omission from the list of their functions may not be significant since s 28 requires the inspector to communicate with the workforce or their representatives, so arguably it is not necessary to make special reference to this in the regulations as being a function of the representatives.