Significant changes to terms and conditions

The duty to consult collectively under TULRCA is triggered by any “dismissal for a reason not related to the individual concerned” (section 195, TULRCA). This is a much wider definition than that which is used to claim unfair dismissal and a redundancy payment (see page 323). One result of this wider definition is that recognised unions must be consulted collectively over dismissals even though there is no change to work volume or work numbers, as long as the employer is proposing significant 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 triggers collective redundancy consultation obligations, even though there is no proposed reduction in the number of employees.