Insider Media Limited

Birmingham City Council could face a mountain of costly unfair dismissal claims from the 26,000 workers threatened with the axe, a leading Midland employment lawyer has warned. Sally Morris, head of employment at MFG Solicitors, said the council was probably already in breach of the law by failing to consult.

Her comments follow the issuing of letters to nearly 26,000 workers under notice of possible redundancy.

The local authority’s non-schools staff have been sent formal legal notices warning their contracts of employment are to be changed and cuts in pay and conditions imposed.

Morris said: “It appears that Birmingham City Council is attempting to change the terms and conditions of all non-school staff, including cuts to their pay and conditions. The council appears to have not complied with the requirements of the Trade Union and Labour Relations Act – this legislation requires it to consult with ‘appropriate representatives’ of the affected employees about these changes and the measures that they propose to take in the event that agreement can not be reached.

“It appears that the council have failed in this regard, given that they have written to each employee individually and Sir Albert Bore, the opposition group leader, has stated that he did not believe any meaningful consultation would take place with the unions.

"That said, provided the council follows the correct procedures in relation to consultation it is possible for them to change the terms and conditions of their workforce by terminating their employment and offering to re-employ them on the new terms.”

A Birmingham City Council spokesperson said: “Unison is incorrectly stating that the entire council’s non-schools workforce has been put under threat of redundancy.

“The section 188 notice issued last week was the start of a consultation over possible changes to the terms and conditions under which staff are employed. This section 188 notice will not result in anyone being made redundant.”