I have read the posts on the wtd night drv opt out,and would like some advice on whether this was a legal agreement.Transport manager had small groups of drivers in office,explained need for opt out with overt threats if non compliance.2 weeks later,supervisor calls each driver into office and asks us to sign form for opt out and ref period.no copy given,nothing given beforehand.no election of representative and no prior official workforce discussion.no union representation at this discount retailers rdc,s
legislation.gov.uk/uksi/2005 … ule/1/made
- An agreement is a workforce agreement for the purposes of these Regulations if the following conditions are satisfied—
(a)the agreement is in writing;
(b)it has effect for a specified period not exceeding five years;
(c)it applies either–
(i)to all of the relevant members of the workforce, or
(ii)to all of the relevant members of the workforce who belong to a particular group;
(d)the agreement is signed -
(i)in the case of an agreement of the kind referred to in sub-paragraph (c)(i), by the representatives of the workforce, and in the case of an agreement of the kind referred to in sub-paragraph (c)(ii), by the representatives of the group to which the agreement applies (excluding, in either case, any representative not a relevant member of the workforce on the date on which the agreement was first made available for signature), or
(ii)if the employer employed 20 or fewer workers on the date referred to in sub-paragraph (d)(i), either by the appropriate representatives in accordance with that sub-paragraph or by the majority of the workers employed by him; and
(e)before the agreement was made available for signature, the employer provided all the workers to whom it was intended to apply on the date on which it came into effect with copies of the text of the agreement and such guidance as those employees might reasonably require in order to understand it in full.
Thanks 