Employer trying to change contract

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Hi

Taken over by a new company 2 years ago. TUPE on all original terms.

After 1 year I'm aware new company can offer a change providing it beneficial to employee.

What happens if you don't agree to the changes and the employer tries to force it through regardless.

What is the worst case scenario? Could I be dismissed?

Any change to an employment contract eg if the company argues it's for economic, technical or organisational reasons, needs to have the consent of employees. Employment Contracts are a two-way agreement, not one -sided.

The company needs to signal they will enter into a consultation period and give the workforce the opportunity to state any objection to the change. Have they done so?

Presumably the change is going to take away an existing benefit? Let's face it, if it's a beneficial change, you won't get many people arguing about being granted an extra day's annual leave or improved flexible working rights!

We entered a consultation period and about half agreed and half didn't. There was a bit of scaremongering so some agreed.

Now they are trying to force the rest to follow suit. We received a letter last month stating a particular benefit was to be withdrawn. I'm pretty sure they can't. But worried they will dismiss me for not complying instead!

It's not exactly dismissal. They are at liberty to decide, after consultation, that these are the new terms under which employment is offered. The old position under the old terms is no longer available. You are under no obligation to work under the new terms - the notice period ought to be sufficient that you can tender your resignation if you aren't prepared to give your services in exchange for the package of remuneration and benefits which they are prepared to offer.

What exactly is TUPE for then? If they withdraw the benefit I will lose 15% of my salary.

If I agree to their alternative money stays the same but lose enhanced company sick pay (goes to SSP) and forced to work bank holidays and Christmas periods.

"After 1 year I'm aware new company can offer a change providing it beneficial to employee."

Not sure where this has come from, there's no such restriction. A company can offer a change at any time it likes, and the employee may choose to accept the offer if it is beneficial.

Forcing a change is very different, particularly when the terms and conditions are protected by a TUPE transfer. Is the benefit you refer to a contractual one? Why did half the staff agree if the proposed change didn't offer anything beneficial to them?