By Patrick Stewart, Head of Employment.

The news that a group of NHS Trusts in the South West is considering dismissing staff and then offering to re engage them on new, less generous terms, is a reminder that this is a course of action which any employer can take, if:

• there is a commercial need to make the changes; and
• there has been consultation with affected staff (and Trade Unions or Elected Representatives if more then 20 people are potentially affected).

It cannot be undertaken on a mere whim or without consultation. In the NHS case, it appears that the news leaked before consultation began.

Whether this is a way to treat senior, highly trained staff is another matter.

patrick.stewart@twmsolicitors.com