How to Consult on
Changes to Terms and Conditions
HR How to Guide
Changing terms and conditions can be used as a method to remove or reduce the
need for redundancies or to achieve business efficiencies. This can be achieved either
through employee’s agreeing to the proposed changes or by dismissing employees
from their post and offering immediate re-engagement on revised terms and
conditions.
There is a requirement to consult when proposing to change terms and conditions
of employment and advice must be always be sought from HR when changes are
proposed.
Consultation Process
Please ensure that you contact HR before commencing any formal
consultation exercise with the Trade Unions.
During the consultation period, efforts should be made to secure the agreement of
employees to the changes to their terms and conditions of employment which are
being proposed.
Genuine efforts to consult must be made – merely keeping employees informed does
not fulfil this duty. Consultation of the required duration taking into account the
scale of change on the organisation (normally 90 days except where a shorter
consultation period is agreed) must take place before any employees are given notice
of dismissal if they have refused to accept the proposed changes.
There is an expectation that informal consultation will have taken place throughout
the period where proposals are being formulated and considered and employees will
have been advised of the business reason for the proposed changes and how they
will be affected.
If possible, you should arrange a meeting with representatives from all affected Trade
Unions prior to the start of the formal consultation process to present the
proposals. Trade Unions should be advised that the information should not be
shared with employees at this point to ensure that the information employees
receive is consistent.. Any subsequent formal meetings should be held as quickly as
possible afterwards.
Every effort must be made to include TU representatives in all relevant meetings
giving reasonable notice to allow attendance.
Consultation should take place with all temporary and permanent employees
including those on career break of less than two years (unless employed under
SNCT conditions of service), secondment, sick leave or maternity leave. There is no
requirement to include casual/relief workers in the consultation exercise but you
should confirm their contractual status at the outset.
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Managing People
Fife Council July 2012
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Formal Consultation
Formally Advising the Trade Unions
The first step in the formal consultation process is to formally advise the Trade
Unions of any potential changes to terms and conditions. This is done using Letter
TC1. This letter sets out the written information which the Council are required to
disclose by s.188(4) of the Trade Union and Labour Relations (Consolidation) Act
1992 which governs collective consultation situations.
Letter CN1 should be sent prior to holding group consultation meetings.
Letter CN1 must be sent by post to all Trade Unions recognised for collective
bargaining purposes for the affected staff groups. Contact details for the Trade
Unions recognised for each class of employee are attached as Appendix 1 and
Appendix 2 (employees who are covered by SNCT). The letter must be sent to the
Trade Union Head or Main Office as required by legislation and copied to the
Regional Office, local branch representative and HR.
The Service will complete and send TC1.
HR1 Form
The Council is required to notify the Department for Business, Innovation and Skills
(BIS) before giving notice to terminate any employees’ contracts of employment
where this is by means of dismissal and re-engagement on revised terms and
conditions. This is done using the HR1 form.
The HR1 form should be sent as soon as is reasonably practical during the
consultation period for any process which may involve a reduction in employees.
Human Resources will complete and send the HR1.
Group Consultation
The group consultation meeting will trigger the formal consultation period providing
letter CN1 has been sent to the Trade Unions prior to the date of the meeting. If
letter CN1 has not been sent, formal consultation will not be deemed to have
started until this point.
A group consultation meeting should be held at the start of the consultation period
to advise employees that there may have to be a change to terms and conditions of
employment. This will ensure a consistent message is delivered to all potentially
affected employees. Local Trade Union representatives should also be invited to the
meeting.
Depending on the number, geographical location and work patterns of the
employees involved, a series of meetings may need to be organised.
HR should be invited to this meeting.
It is the responsibility of the Service to supply a note taker.
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Letter TC2 should be used to invite local Trade Union representatives to the group
consultation meeting giving as much notice as is possible to allow adequate
representation. The date and time of the meeting should be agreed with Trade
Union colleagues to allow for suitable representation to be arranged.
Letter TC2 will be sent by the Service
All potentially affected employees must be invited to the meeting (including those on
secondment, career break, sick leave and maternity leave). Letter TC3 should be
used to invite employees to the meeting.
Letter TC3 will be sent by the Service
At the meeting, the proposed Service changes should be explained as well as the
rationale and any consultation that has taken place until that point. Form TC4 is a
template which should be used by the Service to record the meeting and to clarify
the points to be covered at the meeting.
Following the group consultation meeting, a note of the meeting together with any
supporting documentation e.g. presentation slides; proposed changes, should be sent
to all affected employees and local trade union representatives.
Individual Consultation Meetings
The purpose of the individual consultation meeting is to discuss with employees how
the proposals discussed at the group meeting might affect them. It is also an
opportunity for the employee to ask any specific questions they have about the
process. Employees should be encouraged to put forward any suggestions which may
avoid or reduce the need for redundancies.
There is a requirement to hold individual consultation meetings with all potentially
affected employees. Failure to hold individual consultation may lead to a claim of
unfair dismissal.
Letter TC5 should be used to invite employees to an individual consultation meeting.
There is a right to be accompanied by a representative at this meeting.
Letter TC5 will be sent by the Service
Notes TC6 outlines the points to be discussed with employees at an individual
consultation meeting.
Form TC7 should be used to record the meeting and a copy of the meeting record
should be sent to the employee afterwards.
If the employee asks any questions at the meeting which the manager is unable to
answer, these should be noted and an answer provided as quickly as possible after
the meeting.
It would be good practice to collate any questions asked at the individual
consultation meetings (which do not refer specifically to an individual employee) and
to share these questions and answers with the whole affected employee group to
ensure consistent information is being given.
At least one individual consultation meeting should take place during the 90 days consultation
period. Employees may request further individual consultation meetings and every effort
should be made to accommodate these requests.
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Offering Revised Terms and Conditions
Letter TC8 should be used to advise employees of the revised terms and conditions
which are being offered to them. .
Letter TC8 will be sent by the Service
Consultation Meetings – Trade Unions
A series of formal consultation meetings with all of the relevant trade unions should
be agreed where appropriate. The frequency of these meetings should be agreed
with all relevant parties.
Letter TC9 should be used to invite relevant Trade Union colleagues to the
meetings.
Letter TC9 will be sent by the Service
Form TC10 should be used to record discussions held at the consultation meetings
and a note of the meeting should be sent to all parties afterwards to confirm
discussions and any agreed action points.
It is the responsibility of the Service to supply a note taker.
Communication During Consultation
It is suggested that written updates are provided to employees during the
consultation process. There is no agreed format for this but suggested topics to be
covered may be:•
•
•
•
Commonly asked questions from the consultation meeting
Feedback from consultation meetings – giving some indication of any proposals
which have been made and any actions taken to explore these
Any management actions taken
Identified supports
Final Proposals
At the end of the consultation period, Letter TC11 should be sent to employees
who have failed to agree to the proposed changes to their terms and conditions to
offer a further opportunity to accept and advise that failure to do so will result in
contractual notice being issued to dismiss them from their post with an offer of reengagement on revised terms and conditions.
Letter TC12 should be sent to employees who fail to return their signed agreement
to the new terms and conditions by the deadline date. This will give contractual
notice of dismissal and an offer of re-engagement on the revised terms and
conditions of employment.
At the point an employee accepts the revised terms and conditions of employment, a
revised written statement of terms and conditions of employment should be issued.
Failure to Agree Revised Terms and Conditions
If an employee refuses to agree to the revised terms and conditions of employment
by the end of their notice period and does not return to work, they will be deemed
to have been dismissed for “some other substantial reason” and termination
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paperwork should be completed and processed. No redundancy payment or other
benefits are payable to an employee who refuses to accept revised terms and
conditions. All outstanding leave should be paid in the final salary.
Supporting Documentation
MC23 Structural Change Model Forms and Letters
Appendix 1 – Trade Union contact details
Appendix 2 – Trade Union contact details (SNCT)
Produced by Fife Council Human Resources Section
17 July 2012: Issue Number 1.3
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APPENDIX 1
Updated July 2012
Contact details for Trade Unions recognised for each class of employee
UNISON – Single Status and Chief Officials
Letter to:
Mike Kirby
Scottish Secretary
UNISON
UNISON House
14 West Campbell Street
GLASGOW
G2 6RX
Copy to:
Dougie Black
Regional Officer
UNISON Scotland
Douglas House
60 Belford Road
EDINBURGH
EH4 3UQ
Copy to:
Debbie Thompson
Branch Secretary
UNISON
Unit 19
Fife Food Business Centre
Faraday Road
Southfield Industrial Estate
GLENROTHES
Fife
KY6 2RU
GMB – Single Status and Craft
Letter to:
Harry Donaldson
Regional Secretary
GMB
Fountain House
1-3 Woodside Crescent
Charing Cross
GLASGOW
G3 7UJ
Copy to
Copy to
Michael Conroy
Organiser
GMB Scotland
Kimerley Buildings
38 Whitehall Street
Dundee
DD1 4AF
Joyce Cooper
Branch Secretary
GMB
Bankhead House
211 Tantallon Avenue
Glenrothes
KY7 8QA
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UNITE – Single Status and Craft
Letter to:
Pat Rafferty
Regional Secretary
UNITE
John Smith House
145/165 West Regent Street
Glasgow
G2 4RZ
Copy to
Copy to
Dougie McGuire
Regional Officer
UNITE
110 Blackness Road
Dundee
DD1 5PB
Jim Hardie
Senior Shop Steward
UNITE
Bellyeoman Yard
Dunfermline
KY12 0AE
John Gillespie
Senior Shop Steward
UNITE
Hayfield Yard
Kirkcaldy
KT2 5DJ
UCATT - Craft
Letter to:
Steve Murphy
General Secretary
UCATT
177 Abbeville Road
London
SW4 9RL
Copy to
Copy to
Harry Frew
Regional Secretary
UCATT
53 Morrison Street
Glasgow
G5 8LB
Gordon Braid
(temporary until March 2013)
Senior Shop Steward
UCATT
Keir Hardie Street Depot
Keir Hardie Street
Methil
Leven
KY8 3BY
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APPENDIX 2
Updated July 2012
Employees covered by the SNCT Handbook of Conditions of Service
EIS
Letter to:
Larry Flanagan
General Secretary
EIS
46 Moray Place
Edinburgh
EH3 6BH
Copy to:
Copy to:
Graeme Campbell
Regional Officer
EIS
310 Broughty Ferry Road
Dundee
DD1 7NJ
Cathy Grant
Secretary
EIS
Fife Local Association
Unit 29
Evans Business Centre
Mitchelson Industrial Estate
Mitchelson Drive
Kirkcaldy
KY1 3NB
SSTA
Letter to:
Ann Ballinger
General Secretary
SSTA
West End House
14 West End Place
Edinburgh
EH11 2ED
Copy to:
Copy to:
Margaret Smith
Secretary
SSTA
10 Balgonie Place
Coaltown of Balgonie
Fife, KY7 6AB
Robert Macmillan
SSTA Convener
c/o Lochgelly High School
Station Road
Lochgelly, KY5 8LZ
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NASWUT
Letter to:
Chris Keats
General Secretary
NASUWT
Rose Hill,
Rednal,
Birmingham
B45 8RS
Copy to
Copy to
Jane Peckham
Regional Organiser
NASUWT
35 Young Street North Lane
Edinburgh
EH2 4 JD
John Melville
NASUWT Fife Secretary
c/o Kirkcaldy High School
Dunnikier Way
Kirkcaldy
KY1 3LR
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