Change to contract of employment without my consent

(14 Posts)
Workstressagain Sat 20-Feb-16 10:48:43

If there are any employment law specialists about I would appreciate some advice. My contract says that I am entitled to 3 months notice of this change, but HR say that this is overridden by the employee handbook which says one month. Acas have told me that notice of change should be either equal to my contractual notice period or one week for every year of employment.

AnotherEmma Sat 20-Feb-16 10:56:03

One week for every year of employment is the statutory minimum. Your contract can specify more than this but not less. As your contract says 3 months you should get that. (I think HR are wrong about the employee handbook overruling the contract; if there is a discrepancy my guess would be that the contract stands.) However, my advice would be to take all the paperwork to your local CAB and see what they say. It depends on the terms of your contract and on the change they are proposing.

www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/#h-changes-to-contracts

AnotherEmma Sat 20-Feb-16 11:03:56

This fact sheet should be useful www.citizensadvice.org.uk/Documents/Advice%20factsheets/Employment/e-changes-to-employment-contracts.pdf

Workstressagain Sat 20-Feb-16 11:11:54

That's great, thank you. I think I need to take some legal advice.

AnotherEmma Sat 20-Feb-16 11:23:04

Your call, but CAB should be able to give you good initial advice for free. They will also have a list of local solicitors in case you need further advice.

HermioneWeasley Sat 20-Feb-16 12:47:12

What change is being proposed?

Workstressagain Sat 20-Feb-16 12:50:27

Withdrawal of bonus scheme.

Workstressagain Sun 21-Feb-16 00:08:46

Sorry, I was on my way out so just answered very briefly. I will contact CAB first of all, I'm thinking of trying to organise a group challenge.

littledrummergirl Sun 21-Feb-16 00:36:03

Don't rely on the handbook. You need to get a copy of the most up to date policy on the bonus scheme.

Workstressagain Sun 21-Feb-16 07:26:58

I have the bonus scheme information. They are asking us to accept a new contract. It was this bit about how much notice we are entitled to which is confusing as HR are giving different information than ACAS. The links AnotherEmma has posted are very helpful overall but I can't find anything about the notice issue. I might be on the wrong track but I can't see how a handbook can override the contract as that in itself would be a change to the contract without notice or consent iyswim. And then there's also the issue of the statutory minimum.

AnotherEmma Sun 21-Feb-16 09:19:09

Yep, I agree with you.

Workstressagain Sun 21-Feb-16 10:12:57

Glad to hear I'm not over thinking it. I heard our Head of ER give that advice to a colleague. I'm absolutely disgusted that they are giving bad advice about employment rights on top of pushing through a pay cut which significantly impacts the lowest paid people in the organisation.

AnotherEmma Sun 21-Feb-16 10:38:13

Are you or any of your colleagues members of a union? If so they can help. If not I think you can still do something about changes that affect a large number of people - I know that for redundancy of large numbers they are supposed to consult with a union or employee representative.

Workstressagain Sun 21-Feb-16 12:08:04

No union unfortunately, but I'm wondering about a group breach of contract action. Will definitely be discussing the notice/lack of consultation and handbook v contract issues with someone tomorrow.

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