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Employment contract issue

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  • Employment contract issue

    Hi,
    I need some help regarding my employment contract.
    I am working for a housing association as employee for the past 6 years and due to various reasons the company was taking over by another one.
    With the merge, the new housing association proposed new contracts, keeping pretty much the same terms and conditions. The only change is that they lowered the basic salary, and in order to make it up at the same level as my actual salary, they introduced a car allowance and a policy allowance, not included in my actual salary.
    I am not happy with this change as will lower my pension contribution and in case of redundancy i wont get the enhanced package, included within my existing contract.
    What will happen if i don’t consent to the new contract? Will they end my contract without honouring my enhanced redundancy or any pay out?
    Tags: None

  • #2
    Were you moved across under TUPE?
    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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    Comment


    • #3
      Is not yet under TUPE. Apparently the employer will remain the same.

      Comment


      • #4
        If the identity of your employer is not changing then this may not be a TUPE transfer, I just needed to ask because if it under TUPE, then it would be a different response.

        However, if this is not a TUPE transfer then your employer needs to follow a fair process to implement a significant change in your terms and condition, so they need to fully consult with you and agree any changes to the terms. 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. This has been in the press under the headlines "Fire and Rehire".

        If you do not agree to the changes, then you must make it clear to your employer in writing by way of a grievance. If you do not tell your employer you disagree with a change, this will be taken to mean that you have 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 cannot 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. There are strict time limits for making a claim to an employment tribunal.

        If you do not want to do either of these things, you may eventually have to accept the changes to your 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

        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.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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