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New contract - sign or leave?

3 replies

Fruits13 · 05/07/2024 12:00

We've recently merged with another company. There's been lots of redundancies and people leaving, including most of the team that I worked with. I didn't have to re interview for my role in the end as so many people had left.

My previous role/contract was fully remote with occasional travel (once or twice a month) to sites across the UK. Mileage/train/hotel/food would be paid for by the company. This was the same for all the support functions across the company and so it didn't matter where we lived. Everyone was dotted all over the country.

I asked if it would remain the same during the consultation and after I was informed that my job was secure, to which they said that it would be exactly the same - remote with occasional travel. The reason I asked this was because the company that we merged with were originally office based but are now hybrid (not every week, but at least 2-3 times a month). It's not an issue for them as their team live near the office, however it's 3.5 hours away from where I live.

Anyway, I finally received my new contract yesterday and they've changed the working location from remote to hybrid. They also won't cover any travel costs as it's technically a hybrid role now and it's up to me to cover the costs. They said it wouldn't be fair to pay for my travel but not the rest of the team and that the contracts have to be fair across the board. The difference is though that I live over 3 hours away whilst the rest of them live 30 minutes away. They're being very vague with answers and won't tell me how often I'll be expected to go into the office, which obviously makes a difference in terms of cost and how much I'd need to be budget every month for travel. I'm so upset as I feel like they've strung me along saying it would be remote, but have now changed the goal posts. If they had been transparent during the consultation period I could have applied for voluntary redundancy (not much but still better than nothing) and then looked for a new job.

I haven't signed the contract yet, but I'm assuming there's nothing that can be done other than hand my notice in?

OP posts:
MistyCoco · 05/07/2024 12:04

Absolutely don’t resign at this point.

You tell them that you’ve noticed the new contract has a change in terms and conditions. They need to consult with you over this as it’s a change from your current terms. They might propose paying you an up-front amount or increasing your salary to cover the changes, or agreeing to keep paying your travel. If it comes to it and you can’t agree then they will need to make you redundant (and pay you redundancy etc) and re-employ you on new terms, or you may agree to leave on redundancy. But don’t just resign without having the conversation .

LottieMary · 05/07/2024 12:11

Under tupe regs I think your contract has to have the same or better conditions than you already have. Try ACAS guidance:www.acas.org.uk/employee-rights-during-a-tupe-transfer/changing-your-employment-contract-after-a-tupe-transfer#:~:text=You%20do%20not%20have%20an,improves%20your%20terms%20and%20conditions.

LoveSandbanks · 05/07/2024 12:22

Get some legal advice, case law suggests that this could constitute constructive dismissal.

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