Contract changes and collective consultation
[page 57]In workplaces with a recognised union, contract changes should occur through collective bargaining.
In addition, any fundamental change proposed to the terms and conditions of 20 or more employees within a 90-day period will trigger the obligation to consult collectively under section 188 of the Trade Union and Labour Relations Consolidation Act 1992(TULRCA) (GMB v Man Truck and Bus UK Ltd EAT [2000] IRLR 636). For more information see the annual LRD publication Law at Work.
If no union is recognised, there may be rights to consultation about proposed contract changes under the Information and Consultation of Employees Regulations 2004 (ICE 2004). These regulations require UK employers with 50 or more employees to establish consultation bodies for the information and consultation of employees if 2% of the workforce requests it. These regulations are not well known but do represent an opportunity to formalise consultation structures with employers who are resistant to union recognition.
There are also separate statutory obligations under regulation 13 of the Transfer of Undertaking Protection of Employment Regulations 2006 (TUPE) to consult collectively where there is a business transfer – see Chapter 8.