change in t's and c's question regarding notice and going for constructive dismissal -HELP

[DinglyDangly]

Work is changing t's and c's, reducing salary. They are giving 90 days notice of the change from 1st June.

Not accepting it because been accepted on a course (that they arent aware of yet) starting in September anyway.

There was a possibility to put in for voluntary redundancy but not heard if successful there yet (- unofficially heard manager ask why i am asking when we will hear about that because im not on the list anyway...)

Couple of questions:

Do you have to sign to say you accept the changes - or once they give notice, then do they assume if you say nothing you accept it?

If I am leaving anyway and havent signed to accept the changes, do I still have to give my contractual 1 months notice (ie at beginning of August)

As i probably arent getting made redundant, then I am wanting to go for constructive dismissal due to reduction in terms and conditions, and salary - (nothing to lose!) in this case can I just leave at end of August, or do I still need to give my notice in?

When I give notice do I need to tell them why - ie because i do not accept the changes to terms and conditions?

When we get the letter giving us notice of changes - do I have to reply and say I dont accept it straight away, or would it be okay to leave it till anytime prior to the implementation of the changes?

TIA

lunchtime bump~?

Well, let's start with what you'd get for constructive dismissal. Since you are planning on leaving anyway, your compensation would only be the difference between your old and new salaries for June- August. You would not get a windfall. So that's what's at stake.

In terms of constructive dismissal, it is basically a claim that you were treated so badly that you were entitled to walk out because of your treatment. You won't be able to wait until August and then resign in protest about something you were warned about in May I'm afraid. The whole point is that the treatment has to be bad enough to justify walking out pretty much immediately.

In terms of whether you'd win a claim if you resigned now, it's hard to say. It's all about why they are making the changes they are making (e.g. is the business in difficulty) and how they have communicated to staff. It's a bit of a myth that employers can't reduce salary. It's all about how they go about doing it.

Typical! Always a way round it for them isnt there!
Just thought I might be able to get something off them.

Theres rules and regulations to protect employers and employees!! Why should you be entitled to get something off them????

Because they are cutting pay and terms and conds drastically and I was told (obviously wrongly) that an employer cant force you to take a pay cut - if they try, then you can resign and claim constructive dismissal - so I thought I would check it out - why not!!

Well, what you were told was potentially right. An employer cannot simply cut pay and conditions and there is a potential constructive dismissal claim.

The big point is that constructive dismissal is about acting when the employer tells you that they are going to do these things - not hearing in May and resigning in August. But also, it's not a blanket prohibition on changing terms and conditions, it's about how and why they do it (hence my comment about not really being able to comment on what would happen if you resigned now since I don't know the background).

We have been told there are business reasons and we have been told we will get 90 days notice letter on 1st June - so I guess that they are covered that way...

Hang on a minute, I've got all my dates in a muddle. The change comes into force in September, and you're leaving in September, so it won't actually affect you at all? In that case, I'm afraid you have no realistic case at all really, no matter why they're doing it.