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Old Contract / New Contract & possible redundancy

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  • Old Contract / New Contract & possible redundancy

    Hi folks, new guy here, obviously joined as looking for advice, but seems like a helpful, friendly forum. Anyway, here goes:

    04 Jan 21 - I started FT employment at a new independent retail business (around 80-100 FT & PT employees) - Terms & Conditions of employment signed and returned - all good.
    02 Mar 22 - Without consultation or prior notice, we were emailed 'new' T&Cs of employment and asked to sign and return - I didn't and was never asked for it again.

    The new T&Cs allowed provision for the company to impose lay offs and short working, it also allowed the company to give just one week notice of termination for those employed under 2 years (ie. everyone, given the age of the company) The original T&Cs stated one month notice. There was no explanation of the changes, or their implications and no reason given. Although I didn't sign the new T&Cs, I didn't state the I was working under protest (didn't want to rock the boat!).

    08 Sep 22 - All staff invited to a meeting where restructuring was announced (also given in writing), with consultations to take place with a view to getting it all done by 01 Oct 22. Notice of possible changes to T&Cs / roles / hours and potential redundancies. - this has obviously led me to review my original T&Cs and those issued in March this year (and the manner in which they were issued). If I happen to be chosen for redundancy, where do I stand in terms of notice? Would I have any grounds to object given the unsigned contract and the way it was unilaterally issued without notice or explanation?

    Any advice would be greatly appreciated.
    Tags: None

  • #2
    Did the 2022 contract offer you any benefit such as improved pay, holidays, or any other benefits?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      From what you have said it appears that although the company did not undertake any consultation in regard to changing the terms and conditions, however you did not raise any issues with the contract back in March and you have continued working on those terms and conditions. Potentially your employer will deem that you have accepted the new terms.

      In respect of a redundancy situation, given that you have less than 2 years service you would not be eligible for any statutory redundancy pay and any notice given would be in line with the March contract.
      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

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