Employer changing contracts but employees not happy

[CatteryCatss]

I’m posting on behalf of a friend. His employer has changed the contracts of all employees. On the ground the changes have caused quite a stir.

The changes concerned are regarding accountability in relation to dealing children with SEN. If parents have concerns about the treatment of a child, then the parents can’t blame the owners of the school (private school). The parents are expected to take the individual teacher or TA to court, rather than the school itself or the owners.

My friend will not agree to this and worries about potentially being dismissed for it. I believe he has informed his Union, but he is (and many colleagues) are very worried about it.

Is he allowed to refuse to sign this contract?

Changing the contracts of employees (teachers) would not have any bearing on the right of the customer (the parent) to sue the company (the school).

The customer has a contract with the company. If the company changes the contracts of its employees, it has no bearing on the customer's contract with the company

That said, it sounds both pointless and also dubious so he should speak to his union immediately.

Totally bizarre. Get the union on to it.

I would seek advice from ACAS too.

This is correct. Unless the contract with the employees (teachers) is some kind of indemnity? He needs to get onto his union ASAP & probably speak to employment solicitor.

Thank you @MojoMoon. I’m starting to wonder now, if the parent-school contracts has changed too, but my friend has no way of finding out…

The school has been taken to an employment tribunal a few times too, but, to my friend’s knowledge they haven’t been taken to a SEND tribunal (there’s no record of anything online).

This ^

The school can write anything they like with whomever they like. A contract cannot override the law. If there is an actionable ocurrence the school cannot write themselves out of the equation - they will remain as liable in law as they were before the clause existed. It is equally true that school staff are currently actionable against if they cause an incident due to malpractice or neglect. It isn't an either /or and it never has been.

Even if the school tried to change the contracts with customers, it would not remove the rights of the customers to take legal action against it.

As a previous poster said, a contract cannot override the law.

An employment contract also cannot remove the right to go to employment tribunal nor can a contract with the school remove the right for a parent to take to to a SEND tribunal.

So either your friend has misunderstood or the school is run by absolute idiots. Either way, the union should assist.

@MojoMoon It is run by idiots, I can confirm that.

Apparently, the employer has told everyone to “sign the contract or fuck off.” My friend has already contacted his union