Constructive dismissal and notice

Changes to fundamental terms such as pay and hours or changes to any term which could lead to 20 or more individuals correctly asserting that they have been constructively dismissed within a 90-day period, should be the subject of a collective consultation (GMB v Man Truck and Bus Ltd EAT/971/99). The requirements for a consultation are set out in Chapter 3, “Redundancies: Legal considerations”.

If there is not a potential collective redundancy situation, employers still won’t be able to enact any change without explaining why the amendment is proposed and what is entails. Also, if the employer fails to give sufficient notice to the employees, the change may be void (Wetherill v Birmingham City Council [2007] EWCA Civ 599).