Fundamental changes to terms and conditions

The duty to consult collectively is triggered by any “dismissal for a reason not related to the individual concerned”. This is a much wider definition than that used to claim unfair dismissal by reason of redundancy. One result of this wider definition is that a union can have a right to be consulted over dismissals even though there is no change to work volume or work numbers, as long as there is a fundamental change to terms and conditions. In GMB v Man Truck and Bus UK [2000] IRLR 636, the EAT confirmed that the dismissal of employees and their re-engagement on new terms and conditions gives rise to collective redundancy consultation rights even though there is no proposed reduction in the number of employees.