When employers propose redundancies and restructures, they may well view the consultation as a procedural requirement rather than a genuine opportunity to reconsider proposals.
The consultation itself provides a welcome opportunity for us to scrutinise the employer’s proposals and make our case. However, ultimately, our ability to influence the outcome of any consultation is dependent on our ability to deliver industrial action or a credible threat of action.
Therefore, at the same time as engaging in the collective consultation, we need to be using it as an opportunity to build for action.
Meaningful consultation
Consultation should begin while proposals are still at a formative stage and before final decisions have been taken. It should provide a genuine opportunity for employees to shape the outcome.
Meaningful consultation means genuinely considering proposals to avoid redundancies altogether or at least reduce their number.
Where employers seek to rush the process or present proposals as a done deal, reps should challenge this and insist on meaningful engagement.
Consultation periods should provide sufficient time for workplace groups to examine proposals, gather evidence, consult members and develop alternatives. Where proposals are complex or information is disclosed late, reps should consider seeking an extension to the consultation period to enable meaningful engagement and allow members adequate time to respond.
The law establishes minimum standards, but workplace policies and collective bargaining agreements may provide enhanced consultation rights.
Reps should compare local policies and use the NEU redundancy and reorganisation model policy and checklist to identify opportunities to secure stronger protections.
Using the consultation to build power
When redundancy or restructuring is threatened, it is vital that NEU reps and members move quickly to organise resistance. Waiting until the collective consultation process has concluded will severely limit our ability to influence events.
Once redundancy notices have been served, members are more likely to feel the decision has already been made and our ability to take effective industrial action to secure change will be significantly reduced.
Information gathered through collective consultation meetings can strengthen the union’s bargaining position. Questions raised by members, inconsistencies in the employer’s case and new information disclosed during consultation can all be used to challenge proposals, develop alternatives and build opposition.
Collective consultation meetings also present an opportunity to build union presence and solidarity – for example, through co-ordinating questioning of the school leadership, or physical demonstrations of solidarity such as wearing NEU lanyards.
Employers may attempt to move quickly from collective discussions to individual meetings or seek to isolate affected staff. Reps should work to maintain a collective approach throughout the process by sharing information and co-ordinating member responses.
Securing information
Employers should provide the information necessary for meaningful consultation. Reps should request the evidence underpinning redundancy proposals and scrutinise the information used to justify the employer’s case.
Financial information, staffing projections, selection criteria and proposed implementation plans can all help workplace groups assess whether proposals are justified and whether alternatives exist. Where information is withheld or disclosure is incomplete, reps should challenge this.
Further guidance on analysing financial information can be found in Challenging the employer’s business case and the NEU’s leveraging MAT finances toolkit