Employment Contract

[laguna]

Can a company after ten years all of a sudden ask employees to sign a new contract of employment and accept new terms and conditions without any warning or negotiation?

Also does an employment handbook act as a contract of employment like it says on here.

 

Contracts of employment: the terms of a contract : Directgov - Employment

 

 

I have been told what it says on the government website about contracts can be verbal, handbooks etc is actually false.

 

Anyone help?

[elche]

Also does an employment handbook act as a contract of employment like it says on here.

 

Hi Laguna

 

A handbook does form part of your employment contract, as can any 'verbal agreements' you had with your employer, custom and practice etc.

 

You should have been given a Statement of Main Terms of Employment after 8 weeks, it would appear this did not happen.

 

An employer should not 'all of a sudden ask employees to sign a new contract of employment and accept new terms and conditions'

 

An employment contract, is just like any other contract, not able to be changed unilaterally. Thus if one side, the employer, changes a fundamental term of the contract (e.g. hours per week), then this should only be done by mutual agreement with the other contracting party – the employee

 

Good practice is that the employee should have been consulted re the proposed changes. There seems to have been little consultation here. A 14-28 day consultation would have been ideal for significant changes – what about employees who have to re-arrange childcare etc.

 

That said, lack of consultation alone is not a free-standing head of claim. Length of consultation can vary with size of workforce, and the length of service of each employee affected, and of course the reason for the change.

 

If a change is imposed,the employee has 3 options, to continue to work and say nothing, continue to work, but make it clear this was under protest, or resign and claim constructive dismissal, subject to the need to have first raised a grievance.

 

To reach a considered conclusion - employment contracts, length of service, staff handbook, custom & practice in the industry, the reason for the change, amount of consultation, minutes of consultation meetings - These would all be relevant in assessing chances of claiming constructive dismissal, and hence allowing you to evaluate your options - essentially - stay, go or raise a grievance.

 

If you are in a Union seek their advice or a CAB may help

Edited September 22, 2008 by elche

[the_scorpion]

Citizens Advice corporate website - Home

[laguna]

Thanks for that.

 

Basically i have never had a written contract only a handbook with my terms and conditions in it.

The company is small and we were handed new contracts with new terms etc and told to have it signed for two days later.

I raised a grievance not so much due to the lack of notice etc but the content of the new terms. Overtime is worded so it is compulsory and you would be agreeing to allow them to cut your hours if needed as well as well as other things they have put in it that are not in my present terms.

I had my first grievance interview the other day and was told that my hours wouldn't be cut and i would never be forced to do overtime but the way its worded and due to hassle last year over a call-out system i don't trust them.

 

I think only two have signed it out of ten of us.