HR and consultation

[OneMoreChancePlease]

We are under consultation to have our contracts changed. We don't agree with the changes and are unhappy in the manner the consultation has been conducted by our manager. We are not part of a union. We have contacted our HR department (large organisation) and asked for advice and that they attend all further meetings. HR have responded and said they will not attend. What is the point in an HR department if they won't listen to our concerns. Any advice?

Hr work for the company rather than the employees.

What are your issues with the process?

We believe that the process has been carried out unfairly. We were not aware we were under consultation until the day of the meeting therefore we were denied any form of legal representation in attendance. There was only this one meeting and it was in no way a consultation or negotiation. It was more of a this is what we are going to do summons. We are subject to TUPE and feel it's a breach of regulations. HR are refusing to listen to our concerns.

Speak to ACAS m.acas.org.uk/index.aspx?articleid=1364

Ive been through several consultation processes on both sides of the table and there has never been legal representation available. The original briefing is usually company and hr scripted but delivered by the manager, during the consultation process there have been booked in consultation meetings, the number of these being determined by the length of the consultation period.

The option to be accompanied was there but only by a colleague or union rep.

The only time legal advice was offered or made available was when a settlement offer was on the table, over and above the statutory and company standard amount.

Yep whether or not you had notice of the meeting it's highly unlikely you would have been allowed legal representation anyway so that's a moot point. If you want to take some legal advice that is perfectly reasonable but you will need to do it in your own time/with your own solicitor.

It's quite common for employees to feel in a consultation period that they aren't truly being consulted but rather informed of what is going to happen - obviously hard to judge based on what you've said as to whether this is fair or not, but depending on the reason why your employer feels they need to make these changes they may feel there aren't any viable alternatives. As a minimum though you should have the chance to put forward any alternative suggestions that meet the business need and have these responded to (put them in writing and request a response by a defined date if you are concerned your employer won't do this).

Have your employer given you a date when they intend to implement your proposals and is there sufficient time for you to take legal advice or ACAS advice on your next steps? If not then can you request as a compromise a short delay to allow you and your colleagues to do this?

If you're under TUPE then the 'consultation' is essentially mainly telling you what's changing and giving you the option to accept or leave.

I've been through it twice.