Employment contract

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malagabob | 20:09 Tue 02nd Oct 2012 | Jobs & Education
7 Answers
Can an employer change your contract whether you agree with it or not. Amongst the changes are. To work a Saturday or Sunday or both if they require you to, and take the day/days off in the week. Work your bank holidays if they require you to. And if you have not signed the new contract by a date in March 2013, the company assumes you are terminating your employment. And if you turn up for work on the following day,it will be assumed you are agreeing to the new contract.
Does that not sound like constructive dismissal.


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Buildersmate is the best person for this, but it seems to me they are giving more than the required notice that they wish to vary the terms of the contract. Companies do need to do this as circumstances change. Is there a consultation process- eg have they asked for alternative ideas from the workforce?
All the company have to do is demonstrate that the have consulted with the staff and considered(not acted on, considered) their comments. They can then go ahead and change the contracts as you have stated, using the process that you have stated.
Do you require them to pay your tax and NI ? Do you expect to have holidays and be paid ?
Consultation my a*se! I'm afraid that Birmingham City Council did this very thing two years ago - take it or leave it (without any chance of redundancy) I think it's disgusting that employers are allowed to do it but it seems they can. Have you a trade union? I'd talk to them if you have.
They can change your contract as long as they give you the required notice.
As they are giving you until March 2013 that is over any legally required notice.
If you continue to work after the start date of the new contract then Yes, you have accepted the new terms.
You have 2 options , put up with it or leave.
It is not constructive dismissal , hard but it is the law.
If you leave they could have 100 applicants for your job with in a day or so.
This is becoming common now , think yourself lucky, they could reduce your wage to the legal minimum of £6.08 an hour as long as they give the required notice and even that would be legal.
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I am asking on behalf of someone else. factor30 No, the workforce have not been asked, the terms are what the company wants only.
thenry. Not sure of what your asking. Dont employees pay NI tax out of their wages. When people joined the company ,didnt they,the employee.take into account whether they could work weekends.
Eddie51. I am not sure, but I think the employees are on minimum wage already. And as you say there are many queueing up to take their place
This is a good summary of the legal position from a reputable source (DirectGov).

Woofgang has the right principles well stated. The consultation needs to be on an individual basis unless collective bargaining reprsentation exists at the place of work. Keep individual notes of what is said to you individually, and keep any correspondence the company sends with dates received.

At the end of the day, an employer can and will change terms if it really wants to, subject to giving contractual notice, but it has to follow a fair process - and that means consultation.

If it fails to consult, it means the process if flawed. The remedy from an employee's point of view is to resign immediately once the new contract is invoked and claim constructive dismissal at an ET, but do not do this without seeking advice on your particular circumstances as there is no way back to the employer after doing this - only the opportunity to extract money in compensation for the breach by the employer.

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