That is very misleading of the HSE. The law (the Health and Safety (Consultation with Employees) Regulations 1996) requires you consult with your workforce, but you don’t have to have a representative, you can opt to consult with them all individually.

Chris

looking at the office environment of the future it's going to be very different to that of pre covid.

My client has asked me about reviewing numbers of available desks and other issues, he's also asked about the AC in the office. They have a system that sucks in air and either heats or cools the air and then blows it around the office.

Surely theres no point in social distancing and restricting access to the office if they then blow air around the office? Or am I looking to deeply into this?

Safety Representatives and Safety Committee Regulations 1977 may also apply depends if their is a union present: https://www.hse.gov.uk/pubns/indg232.pdf

It is very long winded to consult with every individual employee when the numbers move in to the hundreds and it is normally at this stage an employer would suggest the employees select representatives. As noted the employer cannot select such a representative.

It is not H&S legislation that is the primary driver for consultation but EU employment directive with regards to works councils.

Originally Posted by: SupraEdd

The new guidelines quote

"safety representative selected by a recognised trade union or, if there isn’t one, a representative chosen by workers. As an employer, you cannot decide who the representative will be. "

Does every company need this? For example our company, we are an insurance broker of about 150 people. We has a H&S manager (me) but do we still need a rep appointed by the workers? - I cant find anything on HSE saying thats a requirement for low risk companies.

Thanks in advance

I imagine they don't intend to create any new consultation duties, and whoever wrote it is either ignorant of teh existing consultation duties, or sloppy. So you could remain with your existing conultation arrangements (see https://www.hse.gov.uk/pubns/indg232.pdf).  That's what we are doing.