New Contract

[AllDriedOut]

I am in negotiations to have my contract changed (to a less favourable) but due to business reasons they can force through the change which will give me no choice other than to sign this contract.

My employer is pushing for an answer as to whether I agree to transfer or not. I have said I'd like to see my draft contract not just a standard generic copy that has so far been produced. I have insisted I can't make a decision until I have seen a copy and had it looked over by employment law specialist. Employers are saying they will not produce a copy until I agree!

Where do i stand? Even if I agree verbally or by email I haven't actually signed!

I don't understand what you're asking - if they're able to force the contract change through, what do you have to decide?

Assuming you do have a choice, does the standard contract have all the info, just without your name/ job title / ect?

If so, I think it's reasonable of them to ask you to make a decision on that basis. They shouldn't have an issue with you showing it to a solicitor.

Sorry, we were subject to a TUPE transfer. New company offered a less favourable contract. We declined but due to an ETO business reason they are able to change part of our current contract anyway. This means due to the financial implications (20% pa decrease)we will have to sign the new contract they are offering. The new contract has worse holiday, pension and sick pay entitlement but the same pay.

Basically I have no option other than to sign. I don't want to buy can't afford the drop in wage.

OP you have a right to know the impact of the transfer to your new employer, including proposed timescales for the change, particularly as it affects your existing holiday entitlement and pension provision. It is not acceptable that they are expecting you to sign blind. Your impression that they are railroading it through suggests they have not engaged with staff sufficiently, as recommended by ACAS TUPE good practice. How they expect staff to stay motivated is beyond me!

I would recommend you formally commit to writing to your new employer that you object to them not giving you clear enough information about changes to your existing contract as you are entitled to under TUPE. Specify in the letter that your objection does not constitute your resignation, or any rejection of the change. Your intention is solely to gain clarity on how the change affects you financially.

I would recommend you contacting the ACAS Helpline as a great source of information. This is an aspect of employment rights where they are the experts. They have published an excellent 74 page TUPE Good Practice guide which is worth a read.

m.acas.org.uk/index.aspx?articleid=1655

Thanks daisy