consultation period

seniormuppet

currently my work contract is mon to fri and the company is looking to bringing in weekend working as part of the work contract therefore changing existing contracts. A consultation period is starting tomorrow but my manager has already advised that after the 30 day period the contracts will automatically be changed. I am not currently a member of the Union though some my colleagues are, can a union member be present at the consultation or can I have somebody present if the meetings are on an individual basis, any recommendations? is it correct that after the 30 days they can automatically change a contract or is there a further notice period after this? it appears that the 'consultation' is merely a formality. I am permanent member of staff working full time.
Any advice greatly appreciated!!

Liz33

I am having the same problem at work so would appreciate any advise on this also. I don't understand how a company can do a "consultation" period and know they are going to ignore the employees and introduce the new contract anyway. Also I would be interested to know if they have to give you more notice period after the consultation to change the contract or can they bring this straight into force.

Any tips would be appreciated or referrals to websites.

Thanks for your help

LittleVoice

A quick initial thought -

I suggest you try to get proof that the consultation is a sham. This may be useful to you if you come to challenge the outcome.

ohreally

I'm guessing (never a wise thing to do) that your employment terms and conditions are part of a collective bargaining agreement.If so then your employer will "consult" with elected representatives of recognised trade unions, they won't consult with you on an individual basis.
My guess is that if management can show a sound business case for the introduction of new working arrangements, then the affected employees will be given a new contract to that affect it's decision time at this point whether to accept or resist change.

CFC

Quite honestly, consultations often are a sham in practice, but they stay within the letter of the law. The company will usually have run the change past their HR dept amd/or legal advisors and will have a pressing business reason to bring in the changes. They don't want to leave themselves open to Employment Tribunal claims.

You'll find that the result of consultation with specific individuals may be the way they want it if there's a good reason, but for the vast majority it's very unusual for the changes to be canned.

seniormuppet

Thanks very much for your comments

Savvy_Sue

Have you looked at anywhere like the ACAS website to see what conditions should be met during consultation and what happens if you don't like the outcome?

Liz33

CFC wrote: »

Quite honestly, consultations often are a sham in practice, but they stay within the letter of the law. The company will usually have run the change past their HR dept amd/or legal advisors and will have a pressing business reason to bring in the changes. They don't want to leave themselves open to Employment Tribunal claims.

You'll find that the result of consultation with specific individuals may be the way they want it if there's a good reason, but for the vast majority it's very unusual for the changes to be canned.

My company have been taken to employment tribunal so many times and lost so I wouldn't be be surprised if they have not done things by the book. People quite often take them for constructive dismissal also they don't ever seem to learn and I would be surprised if they have taken legal advise as this has happened really quickly since the new manager started in the middle of April.