Employment contract change-not informed

[Rob.b]

Hi so I have a normal 9-5 Mon-Fri permanant job, been there 11 years and I am home based. Reciently been on/off furlough and we had the company talking about pay cuts and hours reduction via a change in our contract but nothing came of it. On 1/7 we had a informal remote meeting when our manager revealed seveal important and worrying changes the company wanted to introduce. This included the ability to lay us off and/or cut our wages for periods and move to 24h shift working. This is a blanket change across the company and we were told we would recieve a email about it. Today the 3 in my department learn that we were missed out of the email chain by mistake. So first email on 1/7 giving changes and chance to elect a representitive and then 8/7 saying that representitive had been chosen and date of first meeting (today). I was going to put myself forward but never got the chance. I was fuming to say the least, in employment law terms is this a breach of anything? I am totally against the changes, the 24hr working in particular, how can 3 of us cover 24/7, LOL! It is really only one department that might go 24/7 but they want it to be in everybodies contract, crazy!
Thanks
Rob

[ULA]

So it sounds like the company is at least attempting to undertake a consultation via staff elected representatives which, given that this is a change in terms and conditions across the company is a recognised way to proceed. Unfortunately it would appear that in doing the right thing they have also let themselves down by not ensuring that all staff received the emails in regard to setting up the employee representative group.

Do you believe that this is a genuine mistake that you and a couple of colleagues were missed off the email? Have you now been brought up to date with what is happening?

[Rob.b]

Hi yes I think it was a genuine mistake. I am somebody who will stand up and be counted and I feel robbed of my chance to really get involved. HR have offered to rerun the election of employee representative but that seems pointless as the first meeting has already taken place. Basically the representitives were told that if people don't like the contracts then tough, leave. Personally I will probably sign under duress and look for another job as no way am I doing shifts. It seems the company are just taking advantage of the current situation.

[ULA]

Again they did at least offer to re-run the election when they realised the mistake, however I think your viewpoint was probably the best given the circumstances.

Unfortunately given the current situation some employers may well take advantage, however your employer needs to follow a fair process to implement a significant change in terms and conditions if they do not want to face a claim for breach of contract. So, they need to fully consult and try to agree any changes.

If you do not agree the law does recognise that employers have to adapt to changing market conditions, for which I think COVID-19 would be be one of those situations 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 are put forward, but deem those suggestions to be unworkable, then one option they have is to terminate your original contract and offer a new one in its place on the new conditions. Alternatively they just implement the new terms of employment, in which case 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", however you need to think very carefully about this last course of action since this type of claim is very difficult to make.

If you don't want to do either of these things, you may eventually have to accept the changes to your contract and in the meantime look for another job.