Contracts

crazynutta

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If I've been an employee for several years and now my employer wishes to change many of the terms of my contract including hours, wage ect.

And I'm not happy with these changes, where do we both stand??
 
Nope! Are they having same problem??

---------- Post added at 05:54 PM ---------- Previous post was at 05:54 PM ----------

Just found this on government website -


What if you and your employer don't agree?

If you don't agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure. They may have to follow a collective redundancy consultation process if they plan to do this to a group of employees.

Notice and notice pay
Redundancy: your right to consultation
If you don't accept the new contract - or if you've accepted the new one but feel there was no good reason for ending the old one - you have the right to make an unfair dismissal claim provided you've at least one year's continuous service with your employer. You may also be able to claim redundancy if you have at least two years service. If there is a sound business reason for the change, and your employer has properly consulted you and looked into any alternatives, you could find it difficult to win your claim.

Unfair dismissal
Employment-related tribunals: an introduction
What you can do

Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay), tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree. If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.

If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer.

How to resolve a problem at work
Grievance and disciplinary procedures (nibusinessinfo website)
Legal action

If you can't resolve the problem directly, you may need to take some kind of legal action, you might:

claim breach of contract
if one of your statutory employment rights has been breached you might make an Industrial Tribunal claim
if your pay is reduced because of the change, you could make a claim for unlawful deductions from wages
if the situation is completely unbearable you could resign from your job and claim constructive dismissal
 
If you put in a claim for redundancy be aware that you wont then win an unfair dismissal,as this constitutes your own resignation;)
 
Had the same thing at Sgb years ago as they didn't have much work on they wanted about 60/70% of the blokes to take a 15% cut in wages, also think palmers belevedere branch tried to bring it in too. I left both occasions so good luck with that one mate
 
I have seen this happen quite a few times over my working life in scaffolding. Generally when work is scarce and the employer nearly always gets his way.
Do you keep your job and knuckle down? or take the high moral ground and leave - possibly for unemployment.
We will pull out of this period of low work in a few years then the wages and conditions will swing back to suit the employee. Good luck with your decision.
 
I assume if we both cant come to agreement, he needs to make me redundant??
 
Oh well! Better have a look at the job section!!

At least I should get some redundancy pay!
 
Seems to be the new thing!
But you should ring ACAS they will give you free advice before you respond to your employer
 
Use your time well in getting advice from all sources before deciding. Talk to your employer and ask why he is implimenting such a regime. He might need some cost certainty to get him through a bad patch. ASK, LISTEN then DECIDE.
 
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