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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44955
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Iv been working company 1/2 years under a contract,

Customer Question

Iv been working for my company for 2 1/2 years under a contract, they now want to change my contract but have not showed it to me yet but I have been told I will start work under the new contract in 3 days. How much time should I have to read and sign my new contract? Also i no they are expecting us to stop away for 10 days at a time with a 4 day break in between sharing rooms! they are also changing our pay structure to a day rate wage and plan to demote me from a team leader to a operative. Surely this is not right? Thank you
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have they said what the reasons behind the changes are?
Customer: replied 1 year ago.
There is basically a new contract starting in Scotland that means we would need to stop away, due to my experience they want me to go up and start the new contract off. Thanks for your help.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you employed with this organisation?
Expert:  Ben Jones replied 1 year ago.
Sorry ignore last message , posted in error
Customer: replied 1 year ago.
Yes Iv been employed for 2 1/2 years.
Expert:  Ben Jones replied 1 year ago.
There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:{C}· Receiving the employee’s express consent to the changes.{C}· Forcefully introducing the changes (called 'unilateral change of contract').{C}· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms. If the changes are introduced without the employee's consent, then the following options are available: 1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance. 2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable 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 you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions. 3. 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 try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you 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. Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved 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 and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you ***** can't afford to loose my job and go through court I will go under protest does this mean my employee have to look into coming to some kind of agreement with as by law?
Expert:  Ben Jones replied 1 year ago.
No they do not, they could ignore this completely and let you try and sort it out, which could mean going to tribunal eventually. It really depends on how they see this being resolved and if they are willing to work with you. But it is possible that they change nothing and leave things as they are - you would have rights to challenge this but it would be a matter of going to tribunal to do so. Hope this clarifies?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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