Changes to T&Cs

[blade81]

Hi,

I was hoping someone can help. Out of the blue all employees that work at my company were sent a letter telling them that T&Cs are changing. Just before we recieved the letter a 150 people were told that they were at risk of redundancy thankfully i am not affacted by this but am affacted by the T&Cs changes.

Please note this primarily affacts about 400 out of the 2000 workforce as we merged with another company in 2013 and they were on different T&Cs and new people are already on these T&Cs.

Holidays will go down from 30 days to 28 days.
Pension contribution will go down from 10% from employer to 3%.
flexi time will no longer be available.

I am still trying to understand the other changes as the letter isnt fully clear but the above has been made clear. If we agree we sign and return a form if not then we will have a one to one with HR.

I have worked at the company for 6 years. Also as one person in my team who is leaving already will not be replaced and i have been asked to pick up their workload.

They have told us that anybody that doesnt agree to the changes will be at risk of contract ending and not entitled to redundancy pay.

All the changes are negative to the employee. Do i have to accept the terms?

thanks for the help in advance.

Nats

[sean5302]

Re: Changes to T&Cs

Hello and welcome.
Like all contracts, your terms and conditions are a done deal. The new letter is ASKING you to accept the changes. Nothing more.
The veiled threats that you have detailed are just that.
It may well be that you could be selected for redundancy but I certainly wouldn't want to accept being blackmailed into accepting adverse terms, under threat.
I suggest that you consider refusing to sign and meet the HR people to see what else is on offer.
The company cannot just change the contract without your agreement.

[blade81]

Re: Changes to T&Cs

thank you for the response. I havent had my one to one session as yet but they have said that if people do not agree one option is to terminate the existing contract. Can they do this?

Nats

[sean5302]

Re: Changes to T&Cs

Yes.
If either party decides to end a contract of employment, it is certainly possible as long as that complies with the law.
For example. you may choose to go and work somewhere else.
They have to terminate your employment subject to all the current rules. No discrimination. No unfair dismissal and suchlike.
It's your choice to decide whether you want to work there, under the new terms or accept redundancy money and work elsewhere.

[blade81]

Re: Changes to T&Cs

Yes.
If either party decides to end a contract of employment, it is certainly possible as long as that complies with the law.
For example. you may choose to go and work somewhere else.
They have to terminate your employment subject to all the current rules. No discrimination. No unfair dismissal and suchlike.
It's your choice to decide whether you want to work there, under the new terms or accept redundancy money and work elsewhere.

Ok i am not at risk of redundancy but will be affacted by the T&C changes. What value do our contracts have if the employer can change them at will and terminate contract if i do not agree to the changes? I render myself unemployed.

Thanks

Nats

[sean5302]

Re: Changes to T&Cs

You ARE at risk of redundancy.
I'm trying to explain to you that, if your current contract is terminated, that job is then redundant.
Your new job may well be identical but there are new terms and conditions attached to that new job, different from what you had before. Therefore your old job is redundant.
Your current contract cannot be changed at will. You have to agree any significant changes.
If you gave notice to leave your current employer, the employer would have to comply with your wishes. This is exactly what applies to you now.
They want to finish your current contract.
They want to get you to agree to a new one.
If you don't agree, your options include redundancy or asking them what alternatives they propose.

[blade81]

Re: Changes to T&Cs

You ARE at risk of redundancy.
I'm trying to explain to you that, if your current contract is terminated, that job is then redundant.
Your new job may well be identical but there are new terms and conditions attached to that new job, different from what you had before. Therefore your old job is redundant.
Your current contract cannot be changed at will. You have to agree any significant changes.
If you gave notice to leave your current employer, the employer would have to comply with your wishes. This is exactly what applies to you now.
They want to finish your current contract.
They want to get you to agree to a new one.
If you don't agree, your options include redundancy or asking them what alternatives they propose.

ok thank you. the problem is they are not proposing any alternatives it is them saying this is it you agree or do not agree. It kind of feel it is constructive dismissal.

[sean5302]

Re: Changes to T&Cs

No. You haven't been given an ultimatum.
If you think it through, what they are saying is that we WANT to change your T&Cs.
We'd like you to agree.
Your response should be "I don't".
The ball is then in their court.