Docklands Solicitor

The employer must provide full an complete information as part of a proper consultation process. This would usually included reasons why the employer is contemplating the work changes proposed; the manner in which the changes will help the employer to meet its aims (e.g. avoid redundancies) who will be affected and for how long, and the steps in the consultation process.

If, following consultation, no agreement can be reached, then the employer can simply try to force the changes through.

This will be done by the employer giving the employees their proper notice periods, and simultaneously offering them the new, varied, contracts of employment to take effect from the date on which the old contracts end.

If the employees accept the change, then the variations are made and the employees continue under the new terms. If they do not accept, then their employment will end at the date of the notice period, and the employees will then have to decide whether to bring claims for unfair dismissal.

If so, the employer may well be able to rely on the “some other substantial reason” defence when justifying the dismissals. Provided the employer had a good reason for proposing the changes, and consulted properly about it, those dismissals are likely to fall foul of the unfair dismissal rules.

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

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