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Contract change without consultation

(10 Posts)
MrsL2012 Thu 08-Jan-15 17:20:55

I'm currently on maternity leave, my company is being taken over on Monday - I know this because a colleague told me. I've not heard from management since November.

The new boss went into the office yesterday, gave my colleagues their new contracts and also handed mine to them and told them to contact me to travel in to collect it. I couldn't get in this week, on hol next week so it would've been the following week so a colleague posted it to me. This annoyed me as the new boss just expected me to go into work asap, he didn't write or phone me to tell me.

I received my contract today and there is one major change - I used to work full time hours in 4 days - tues-fri. In my new contract it says my hours are mon-fri 9-5pm. I haven't been consulted about this at all. Are they able to do this? What rights do I have?

The other issue is that my previous company dropped my salary in April as they were in financial trouble. I didn't sign anything to agree to this as obviously I didn't agree with it. They said either accept the pay cut or be made redundant. They did it anyway and I couldn't risk leaving or saying anything more because I was pregnant and would've been worse off financially had I had to leave. The new company are continuing with the lower salary (obviously as they didn't know about the pay cut), is it worth arguing that I have never agreed to this? I know accepting it for 6 months is probably my downfall.

Thanks for any advice!

Firsttimemum2012 Thu 08-Jan-15 17:36:30

I am not an expert but I don't believe they can unilaterally change your hours or any other terms to your detriment without discussing it with you and they should get your agreement. I expect they have just issued their standard contract without checking individual terms. I suspect the pay cut may be more difficult because although you said you didn't like the changes you did continue to work under them. I would still raise it with them as presumably following the sale the company is in a better financial position. Hopefully someone with better knowledge will be able to help further soon.

NakedFamilyFightClub Thu 08-Jan-15 17:39:11

I was in a similar position, I rang ACAS, the free employment helpline and they were fantastic. They know exactly what your rights are and are really helpful.

2fedup Thu 08-Jan-15 17:43:42

Message withdrawn at poster's request.

MrsL2012 Thu 08-Jan-15 17:49:29

Thanks for your replies. I don't think I'd get very far with the salary thing but I could mention it to him.

They would've known about my hours as the place was only open tues-sat and my arrangement was tues-fri but full time hours.

I don't like the lack of communication - I thought they were supposed to keep me informed while on mat leave!

If I go in for a meeting to discuss my contract is this classed as a keep in touch day? Should I be paid for it as I'm on SMP at the mo?

NakedFamilyFightClub Thu 08-Jan-15 17:51:08

Oh, sorry, posted too soon and didn't tell you what happened. Basically the company claimed TUPE didnt apply and ignored my requests for an explanation so I went to an employment solicitor and told them I was consulting one and had been advised not to sign anything. They eventually and very begrudgingly gave me the same contract.

NakedFamilyFightClub Thu 08-Jan-15 17:54:02

Honestly, ring ACAS, they're open till 8 and will be able to answer those questions.

I think you have to agree KIT days with them in advance and get them to agree to pay you.

MrsL2012 Thu 08-Jan-15 18:00:24

Thank you, will ring ACAS tonight or tomorrow.

I am being transferred under TUPE so I thought all my existing t's & c's had to continue. We also had private healthcare under my previous employer and there's no mention of that - another question for ACAS!

Think I'll make a list of questions tonight after titch has gone to bed and ring tomorrow. smile

Lonecatwithkitten Thu 08-Jan-15 18:47:33

By not questioning your salary drop at the time and accepting your reduced pay since April you are deemed as accepting this new pay I am afraid.
I issued new contracts with a consultation period to my staff and some did not sign or return them or discuss their terms. I took legal advice and the above is what I was told.

MrsL2012 Thu 08-Jan-15 19:07:39

I kind of thought that. At the time I did make my feelings clear about the drop but their response was take the drop or take redundancy. I was 5 months pregnant so not eligible for maternity pay and it would've been very unlikely that I could've found another job and the redundancy was statutory and not much. They didn't even give me anything to sign. The whole thing was done really badly. I tried contacting my manager yesterday morning and I haven't had any response as yet which I also think is very poor...I know he's around and at work. If it wasn't for a colleague friend at work I wouldn't even know that the takeover was happening! Last I knew it might be happening or might not be!

My main issue is now is the change in hours, as I had childcare sorted for 4 days not 5. It probably won't even be worth going back to work.

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