Union consultation

Q: I understood that collective bargaining is dealt with under section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), but my employer says this has changed. Can you clarify?

A: You are right that section 178 of TULRCA sets out all the matters that can be included in a collective agreement and are therefore subject to collective bargaining (negotiation). This legislation has not been replaced.

Trade unions also have consultation rights in relation to collective redundancies as set out in section 188 of TULRCA; and information and consultation rights in relation to business transfers, under regulations 13 and 14 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

Under the Information and Consultation of Employees Regulations 2004, an employer has a duty to set up formal arrangements for information and consultation if 10% of the workforce request them. The regulations currently apply to workplaces with 100 or more employees (to be extended to those with 50 or more next April), and may be what your employer is referring to. But they do not affect the rights of unions to consultation as set out above.