Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. If she is forced into accepting these changes would she rather leave?
Yes she would rather leave. It is not so much the changes its the way it has been done
Just shows what I know. Just spoke to my wife and she would rather stay and do the job she was supposed to be employed for
Her rights will unfortunately be rather limited. As a starting point, 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.
The issue is that whilst she has less than 2 years' continuous service with the employer she is not protected against unfair dismissal. It means that if she does not accept the changes she can be dismissed quite easily by the employer, or she could be forced to resign, without being able to make a claim against them.
She could challenge the proposed changes through an internal grievance but if that gets her nowhere then it is really only an option of deciding to stay and accept the changes, refuse to accept them and face potential dismissal or refuse and leave by resigning. Sadly if her employment is terminated she cannot challenge that as she does not have sufficient service.
Much as I thought as she does not have the 2 years service.
Thanks for your prompt help
You are most welcome and sorry it was not necessarily the answer you wanted. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best
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).