UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today.
This will amount to a change in contract. There are several ways in which an employer may try and make changes to an employee’s contract of employment. These are:
1. By receiving the employee’s express consent.
2. By forcefully introducing the changes (called 'unilateral change of contract').
3. By giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the changes.
If the employee agrees to the changes then that would usually put an end to the matter.
If the changes are introduced forcefully then the following options are open to the employee:
1. Start working on the new terms but making it clear in writing that they are working ‘under protest’. This means that the employee does not agree with the changes but is only working them because they feel they are forced to. In the meantime they should try and resolve the issue either by informal discussions or by raising a formal grievance.
2. If the changes are serious enough (e.g. a change to pay, duties, place of work, etc.) the employee may wish to consider resigning and claiming constructive dismissal. The resignation must be done without undue delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to the employee having at least 2 years' continuous service.
3. Finally, if the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can justify the dismissal and the changes if they had a sound business reason for dismissing an employee who refuses to accept the variation in terms. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, the employee can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.
It is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to the employee’s contract. As such clauses give the employer carte blanche to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably.If you are unhappy with the changes then you can consider challenging them using any of the above options
Thank you i just wanted to know where I stand legally.
I have read that being a liaison they can take my acceptance as everyone's acceptance, is that true?
when you say a liaison, how was that decided
i was nominated and asked by the management, then I had to ask my work mates if they were happy to let me talk to them on their behalf.
your decision will not automatically bind the others and this will depend on the exact agreement that was reached between you, the employer and the others. If you were specifically given the power to negotiate on their behalf and enter into binding decisions then that could be the case, but not otherwise
ok that makes me a little easier.
again thanks very much
My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you
will do, bye.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).