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Legal matters

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Employment law advice

4 replies

EmploymentLawAdviceNeeded · 02/10/2018 18:23

I've posted this in the employment section but thought it might be worth seeing if there are some kind employment lawyers on here who could help.

I am employed by a smallish business which says it needs to restructure to release funds for its core business. It primarily wants to restructure our department, which admittedly is overstaffed by comparison with similar businesses. They therefore want to change our contract so that we work for fewer hours per week, but say that would be compensated by payment to cover loss of earnings for the first year and a better bonus/incentive scheme. Some of us would also have the chance to work an extra day per week in another department which would partly make up for the shortfall in the longer terms.

Could anyone out there tell me what the legal position on this is? Can our employers change our contract terms without our agreement? If so, are those terms reasonable? They have said that if we refuse to accept the new contracts then the old ones would come to an end on a defined date and our employment would come to an end. Is that correct, and if that happens would it be unfair dismissal? We don't want to get into a fight with them, nor do we want to push them into the position where they might, for instance, close our department completely - but on the other hand we don't want to agree to a big change if the firm isn't entitled to impose it on us.

OP posts:
itsboiledeggsagain · 02/10/2018 18:24

You don't really need to post it twice..

Singlenotsingle · 02/10/2018 18:25

How long have you been employed there?

VanGoghsDog · 02/10/2018 18:43

They can't impose it without breaching the contract. If you don't agree they can then give you notice to agree, if you still don't agree they can give you your statutory or contractual notice to change to the new terms. Then if you don't want to, your contract is terminated. If you work under the new terms you have accepted them.

If you decide not to work under the new terms, you no longer have a contract and are no longer employed. So you can bring a breach of contract claim. Whether there has been a breach will depend on the contract terms and the reasonableness of any consultation, extent of the change or offers made to mitigate.

You don't need any length of service to bring a breach of contract claim.

If you have over two years service, or will have when any changes take effect, you can also bring an unfair dismissal claim. Whether it is unfair dismissal will depend on the same things above.

EmploymentLawAdviceNeeded · 08/10/2018 14:27

Thanks very much, @VanGoghsDog. I've been there five years.

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