Strange attempted change of date of commencement of continuous employment

[diggz]

My employer has asked its employees (approx 40) to sign a new contract of employment in which the 2 major differences are
1) the commencement of employment with the company
2) the date of commencement of continuous employment for the purpose of the Employment Rights Act 1996

My Background information:
My employment actually began in 1999 and the company changed name and ownership in 2004 (over a weekend) and the same employment was continued
Previous contracts agreed since the changes in 2004 explicitly specified BOTH:
1) the date of commencement of employment with 'the company' as 1999
2) "the date of commencement of continuous employment for the purpose of the Employment Rights Act 1996" also began in 1999


However, the new contract we've been asked to sign now explicitly specifies BOTH:
1) the date of commencement of employment with 'the company' as 2004
2) "the date of commencement of continuous employment for the purpose of the Employment Rights Act 1996" also began in 2004

I can accept the date of commencement of employment with the current company being 2004..
.. but am I right to think that the continuous employment for the purpose of the Employment Rights Act 1996 should begin in 1999? (i.e. the beginning of my employment with the original company)

Any advice will be appreciated.

Thanks,
diggz

[teaboy2]

Re: Strange attempted change of date of commencement of continuous employment

You are indeed right. I sounds to me like they want to change the commencement dates for financial reasons as i see no other reason for it. Is the company struggling financially?

You should send a letter of rejection of new contractual terms stating that the effective date of commencement of employment was xx/xx/1999 this can not be changed/admended doing so would lead to employee being prejudiced financially and possibly losing statutory rights under employment laws, and right to take tribunal actions should the need ever arise, where previously they will have qaulified for such rights. State you are off the view that their intentions are possibly to make redundancies and are hoping people sign the new contractual admendments in for the employer to calculate redundancy pay based on the newer commencement of employment date. For these reasons you refuse to sign and reject the changes to your contract, and if the company fails to honour your current contract and commencment date of xx/xx/1999, then you will seek legal advice!

P.s also include, that you are aware of your rights under "tupe" "Transfer of Undertakings (Protection of Employment) Regulations" and said admendments would deny you of those rights!

[diggz]

Re: Strange attempted change of date of commencement of continuous employment

thankyou for your answer. the company is almost undoubtedly heading towards financial difficulty if it isnt in it already, and the idea that there could be future redundancies is a very real threat i believe.

having read your reaction i believe that the company is definitely up to something fishy with these contractual changes.

[teaboy2]

Re: Strange attempted change of date of commencement of continuous employment

If the company is definitely facing financial troubles then as your an employee, you will no doubt be aware they are having problems. So i suspect the change of commencement date to 2004, is as i suspected, an attempt to lessen the financial entitlment that those who started prior to 2004 would receive compared to what they are entitled too, as calculated redundancy from their original commencement date. So send the letter as suggested and let your colleagues know on the side what the employer is upto.

[miliitant]

Re: Strange attempted change of date of commencement of continuous employment

if they want to change your contract of employment, have they started a consultation period yet

20 to 99 redundancies - the consultation must start at least 30 days before any dismissals or changes take effect

your continuous employment legally starts the day you joined the company. 1999

you cannot sign away your statutory rights unless you have received independent legal advice about your rights paid for by your employer. (ERA 1996 sec 203 and Carrington v Harwich Dock Co Ltd [1998] IRLR 567 [EAT]).

i agree in that this is all driven to pay the minimum statutory redundency pay, prepare to lose your job ime afraid

[diggz]

Re: Strange attempted change of date of commencement of continuous employment

theyve actually just last week made 11 redundancies, including my boss. if they keep making redundancies in small batches do they avoid the requirement for a consultation period? just a guess but it does sound like theyre planning more redundancies to me

i say last week but it was actually the week before.

[miliitant]

Re: Strange attempted change of date of commencement of continuous employment

any redundancy has to have a consultation period, normally 30 days, it will be a breach of your contract of employment as redundancy is a form of dismissal

the consultation period is to see if any vacancies are in the comapny you could transfer to

did you know also an employer has to release you with pay to attend job interviews during the consultancy period