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Employment Contract - Lay Off clause

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  • Employment Contract - Lay Off clause

    Hi everyone im hoping someone can advise me on this issue.
    I have worked for my current employer for 14 years in full time employment 45+ hours per week.
    I have just been given a new employment contract and there is a section that states Lay off and short time working.
    Do I have to agree to these new changes in my contract and if I dont sign what happens?
    The hours I work are the minimum needed to cover my mortgage and utility bills and other outgoings so I really cant afford to be put on unpaid leave.
    Tags: None

  • #2
    Your employer needs to follow a fair process to implement a significant change in your terms and conditions if they do not want to face a claim for breach of contract. So, they need to fully consult with you and agree any changes/inclusions to your contract.

    If you do not agree the law does recognise that employers have to adapt to changing market conditions, and that sometimes the contract of employment must be varied to reflect this.

    If your employer has given reasonable and due consideration to objections and alternative suggestions that you put forward, but deem those suggestions to be unworkable, then they can terminate your original contract and offer a new one in its place on the new terms and conditions.

    If you do not agree to the changes, then you must make it clear to your employer. You should do this in writing, sign and date your letter, and keep a copy. This letter will count as a written grievance.

    If you don’t tell your employer you disagree with a change, this will be taken to mean that you’ve accepted it.

    You should do this straight away, or as soon as possible after the change has been introduced.

    You can continue to work 'under protest' for a while but you can’t do this indefinitely without taking further action. This may mean making a claim to an employment tribunal, or, in some extreme situations, resigning from your job and claiming 'constructive unfair dismissal’.

    If you don’t want to do either of these things, you may eventually have to accept the changes to your contract. There are strict time limits for making a claim to an employment tribunal.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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