Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi Guys, this is the story, and what we think will happen within the company that I currently work for.
At the moment, we are contraced to work 26 weekends a year, with a lue day off on a monday for the sunday worked. This was pushed upon me (My previous contract was Every other Saturday with sunday always off) but due to me wanting to progress within the company, the now store that I opened was on a "Sunday" contact, so I had to sign a new one.
Now with the ecomany, they company now wants us all to sign a new contaract that states we work: One Sat On, Sun Off. Sat Off, Sun On, Sat and Sunday on, and Weekend off.
Now the grapevine is saying (because some management have a habit of opening there mouths without thinking) is that you sign the new contact, or you out... I have been with the company for 3 years, a) Can they do this? I dont want the new hours, I dont really like the ones at the moment - lol b) If this does happen, and I lose my job, then where do I stand and what can I do?
Hi Storageguy, and welcome to the site,
you could not sign and then leave, but then you are out of work.
I have copied the next few lines from Website of the UK government : Directgov on their contracts section ( take a look, it makes interesting reading ).
CHANGES TO EMPLOYMENT CONTRACTS.
Changes to employment conditions: what if you don't agree?
If you accept the new contract (or carry on working after the end of the notice period) the new terms will apply to you. You'll have continuity of employment.
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.
What happens when an employer varies a contract without the agreement of the employee?
If an employer imposes changes in contractual terms without the agreement of the employee, there will be a breach of contract.
What could an employee do in these circumstances?
The employee can accept the breach and continue to work under the amended contract. Where an employee continues to work under revised terms without objection, then in due course he or she may be regarded as having agreed to the changes.
Where an imposed change involves a significant change to the contract, eg: a reduction in pay or alteration of working hours, an employer may well be acting in fundamental breach of contract. Where there is a fundamental breach, the employee may treat the breach as bringing the contract to an end and leave the job. In such circumstances and subject to having the necessary qualifying service, the employee will have the opportunity to make a claim of constructive dismissal before an employment tribunal. In coming to a decision the tribunal will take into account whether the employer acted reasonably in all the circumstances of the case.
Alternatively, the employee may continue to work within the varied contract but under protest, making it clear that he or she does not accept the terms and is treating the change as a breach of contract and dismissal from the original contract. In these circumstances the employee will retain the right to seek damages from the employer for a breach of contract and/or a declaration from the courts that the employer must abide by the original terms. Subject to having the necessary qualifying service, the employee may also have the opportunity to make a claim for unfair dismissal before a tribunal. The tribunal, in the first instance, will have to decide whether the new terms are so substantially different as to be an entirely new contract and not a variation of the old one.
Whether or not the breach is a fundamental one, the employee may sue for damages for breach of contract in the civil courts; or if the employment has terminated, the claim can be made to an employment tribunal, which can award damages limited to a maximum of £25,000.
I hope this helps,
Baz
Please note that although my advice is offered, you should consult your legal representative before taking ANY action.
Change of Employment Contract
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