Employer changing contract- new notice period

[workischanging]

Worked there just under 10 years, my contract currently says notice period is 1 month, I am paid monthly.
There have been quite a few changes recently and people are fed up, several people have left, a few others are off sick with stress. This has resulted in employer emailing changes to our employment and stating the notice period is now 3 months.
Where do I stand?
I’m guessing that, legally, they can change our contract terms if they give enough notice?
TIA

If you’ve worked there 9 years you’re entitled to 9 weeks’ notice anyway.

But in terms of them changing the notice you have to give them they will be able to change this by following the correct process anyway if you decide not to agree to the change.

So we’re stuffed then, as I feared
A colleague has already had the offer of a new position withdrawn as they needed someone to start sooner than 3 months.

I wouldn't worry too much. If you get a new job and want to leave sooner (ie after the standard 1 month's notice) there's not much they can do. In theory they can sue you for breach of contract, but unless they have provided significant perks for having that hold on you, for example a hefty wage because you're a director of the company, they are unlikely to sue as it's v difficult one for an employer to win. I am not a legal expert but had to seek legal advice for this a while ago.

Your colleague should simply tell your employer that she hasn’t consented to the change and will only be giving a month.

Hello! Change to contracts need to be agreed by both parties, so you can refuse the change. Pp mentioned your notice would be 9 weeks, that's correct but from the employer's side. Your side remains one month is that's what's stated in the contract.

They're obviously hoping people just agree to it, but you don't have to. Perhaps negotiate a pay increase as incentive to up your notice period? ;)

It used to bé that jour notice period was in line with pay. So, paid monthly you only have to give à month. The period in the contract is binding on the employer.

Most salaries are monthly. Heads and Teachers never had 1 month notice. They are paid monthly. Lots of senior staff are 3 months notice but are paid monthly. I was

However you can negotiate if you want to go earlier. The employer isn’t sensible to bring this in because it’s difficult to enforce. It doesn’t help retain staff and certainly won’t make staff want to work there. It’s hardly worth a fight. Your colleague should have worked a month and gone!

They cannot unilaterally change the contract

They cannot unilaterally change the contract

They actually can. But you potentially have a remedy in some situations if they do

HASA perhaps you could inform us all of the Employment Law that allows a unilateral change of contract.

Are you being sarcastic loveisthere or would you genuinely like an employment law lesson? I’m a senior employment lawyer.

No i genuinely would like to know the employment law and the section and sub sections that state that an employment contract can be unilaterally changed. Not implied but the actual law please enlighten us

I’m not planning on signing the new contract any time soon & I will speak to my colleague & ask if she’s signed yet. It’s one of the younger ones so I think she may have but I will show her this thread.

Tbf my MH is so bad the GP has been offering me a sick note for months so I may not actually be working at all much longer. I was just hoping I could hang on in there but the stress from above is making it all so much worse atm.

Thank you for all your input.

ACAS has the best guide. Employment contract changes - employer responsibilities. They can negotiate but in the end they can issue new contracts. This is not a sensible change to contracts in my opinion. Makes the jobs unattractive. Has the employer done what ACAS says they should do?

See I really want to watch call the midwife but now I’m torn between not engaging with know it alls on the internet and actually telling you so that people have the correct advice.

I am a senior employment lawyer. I’m over 20 years qualified and I’m the senior partner in a specialist employment law firm. Believe that or don’t believe it, no skin off my nose either way.

There are four main ways in which an employee can change terms and conditions.

The first and increasingly common method is via the contract itself. Most well drafted contracts, particularly at a lower level will contain variation clauses (generally found at the end of the document). This will allow the employer to make changes upon giving notice of the change (not necessarily the same length of notice as is required to terminate the contract). It is quite possible that the ops contract contains such a provision.

The next is unilateral variation. This is not generally recommended when imposing changes that result in a difference in salary because it results in the employee being able to claim for unlawful deductions from wages which is a claim that refreshes month on month and which can be brought during employment in the tribunal. However, for changes that do not impact on pay it can be a useful method of implementing the change since the employee has limited means of redress given that most will have no loss at the time the change is made and so it is unlikely to be worth them trying to sue, Plus, more importantly they can’t claim in the employment tribunal whilst still an employee.
Next is change by consent which is what most employers will try first and then finally there is dismissal and reengagement. This is a complex process which is typically used as a last resort since it involves serving notice to terminate the employment of the employee in question and then offering them reemployment.

Obviously this is a summary of the law and everyone should always take their own advice. You will know love I’m sure, that the law does not consist only of legislation.

@HasaDigaEebowai
Could you be any more patronising? I’m sure you have good advice but the attitude?!! No thanks. Anyone can find out what an employer should do via the ACAS guides. It’s not that difficult.

My response was specifically directed to loveisthere who started the patronising with her ‘do enlighten us’ comment asking for statute references. It was supposed to read that way. My initial responses were not at all patronising since I was trying to assist the op.

@HasaDigaEebowai is spot on and very generous with her time and advice.

Gushing praise. Do you work for her?

These specialist sub forms will die a death if people are rude to those who are here and, essentially, doing unpaid work.

@TizerorFizz yes. She’s my boss and I’m her Mum and I’m in love with her

That’s the only possible explanation

@JackieCollinshasnoauthority

These specialist sub forms will die a death if people are rude to those who are here and, essentially, doing unpaid work.

Agreed, if you want to stick the boot in to someone, maybe try AIBU?