Consultation and Change

Consultation and Change

SECTION GUIDE

Change in the workplace can be positive when it is managed lawfully and communicated clearly, but it can also lead to conflict if handled poorly. Employers should consult workers about proposed changes and understand the rights workers have when their roles, terms or working arrangements are affected. Effective consultation can improve working relationships, reduce resistance to change and help employers make better decisions. In some situations, consultation is not optional and must be carried out to meet legal requirements.

 

Section A: Consultation

 

Consultation is a key part of managing change at work. Employers should understand when consultation is required, how it should be carried out and what rights workers have during the process. This includes consulting directly with workers or through recognised trade unions or elected worker representatives where applicable.

 

 

Section B: Changes to employment contracts

 

Changing terms and conditions of employment can be legally complex. Employers and workers should understand how contractual changes can be agreed, when consent is required and the risks of imposing changes without agreement. Poorly managed changes can lead to disputes, grievances or claims.

 

 

Section C: TUPE transfers

 

TUPE applies when a business or service provision changes hands. The Transfer of Undertakings (Protection of Employment) regulations protect workers’ jobs and terms and impose strict duties on employers to inform and consult affected employees. Employers must understand when TUPE applies and how to manage the transfer process lawfully.

 

 

FAQs

 

 

1. When is consultation legally required?

 

Consultation is required by law in certain situations, including collective redundancies, TUPE transfers and where trade union recognition applies. Even where not legally required, consultation is often good practice.

 

 

2. Who should employers consult with?

 

Employers may need to consult directly with workers, with recognised trade unions or with elected worker representatives, depending on the circumstances and legal requirements.

 

 

3. Can an employer change employment contracts without agreement?

 

In most cases, changes to contractual terms require the worker’s agreement. Imposing changes without consent can lead to breach of contract or unfair dismissal claims.

 

 

4. What happens if TUPE applies?

 

If TUPE applies, employees usually transfer automatically to the new employer with their existing terms and continuity of employment preserved.

 

 

5. What are the risks of failing to consult?

 

Failing to consult where required can result in tribunal claims, protective awards and damage to employee relations.

 

 

Conclusion

 

Consultation and change are central to effective workforce management. Employers who understand when consultation is required, communicate openly and respect workers’ rights are better placed to implement change successfully and lawfully. The topics above signpost the key legal considerations employers must address when managing workplace change.

 

 

Glossary

 

TermMeaning
ConsultationThe process of seeking views and engaging with workers before making workplace decisions
Worker representativesIndividuals elected or appointed to represent workers during consultation
Trade union recognitionFormal recognition of a trade union for collective bargaining and consultation
Variation of contractA change to the terms and conditions of an employment contract
TUPERegulations protecting employees when a business or service transfers to a new employer
Protective awardCompensation ordered by a tribunal for failure to consult in certain situations

 

 

Useful links

 

ResourceDescription
GOV.UK – Consultation and negotiationOverview of employer duties to consult with workers
GOV.UK – Changing an employment contractGuidance on varying terms and conditions lawfully
GOV.UK – Transfers and takeovers (TUPE)Guidance on when TUPE applies and employer obligations
ACAS – Consultation and negotiationPractical advice on consulting workers and representatives
ACAS – TUPEEmployer guidance on managing TUPE transfers

 

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

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About our Expert

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Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.