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Forcing New Contract on Employee's

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Hello, I am posting her on behalf of my mother she along with all other employee's have recently received a letter outlining details of a new Employment contract with reduced Sickness and Maternity benefits after the current benefit system has been abused by many of the employee's.

 

They have sent a proposed contract out for all staff to review, on the Proposal it says if you don't agree with the proposal you may be dismissed from the old terms and given a new offer of employment under the new terms(in which case she would also loose all the extra holidays she has accrued working there for 5+ years).

 

 

She's been employed with them for 5 years in which time she hasn't taken a single sick day or maternity leave can they legally do this or does she have some form of protection?

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Hello and welcome to CAG.

 

Weekends are always a little quieter here, but I hope the guys will be able to get here later with advice for you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Theoretically, she can refuse to sign the contract and call their bluff. If they then dismiss her and re-engage her on a new contract, she could bring an unfair dismissal claim (seeking compensation and reinstatement to the old contract). It would then be down to the tribunal to decide whether the business case for altering the contract was sufficient to make the dismissal fair and reasonable in the circumstances. It also would depend to what extent the company consulted with the employees over the proposed changes.

 

She could also resign and claim constructive dismissal, or continue to work under protest, whilst reserving her right to bring a future claim.

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sadly some people do abuse sickness benefits with companies and it ends up affecting everyone, having said that how much are they changing by is it substantial?


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sadly some people do abuse sickness benefits with companies and it ends up affecting everyone, having said that how much are they changing by is it substantial?

 

It's going to be reduced substantially, I am not certain about the sick pay reduction(I don't have the paperwork at hand) but maternity leave it being reduced from 12month's (first half full pay and second half pay) to 2 month full pay and 1 month half pay.

 

Having gone several years now without a sick day and being 56 years old so maternity leave and sick pay aren't major issues, it's just the prospect of having to take this due to no fault of her own, she currently gets 7 weeks holiday a year this has been accrued each year so if she refuses to sign the contract and they remove her current contract and re-employ her she will lose 3 weeks of holidays by reverting back to 28 days holiday of a new employee.

 

Does the company have an obligation to give all employees the same deal or can it only target those who have abused the system?

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