Employer attempting to force contract changes

[DB1974]

Hi all

I've been working in my current job for 10 years, the last 3 as senior management. The compny has recently been aquired by another and the new owners want to propose changes to my C of E.

These include a significant pay reduction (27%) and a sideways promotion. I'm being taken away from the job I'm an expert in and given a job to do in which I have no formal training or qualification (but I can do the job standing on my head).

To add to this I have something else lined up which could seriously take up my working day in approx 3 months time (IYSWIM) and I am quite prepared to simply say no to their proposals

If you need any more info please ask

[magpie215]

google TUPE

[DB1974]

Thanks for that but I'm sure that in this case TUPE doesn't apply, the company needs to have changed name, which it hasn't, they have simply bought the name and debt of the original company.

DB

[john_p]

Has the company you work for changed?

[Beardy10]

Are they requesting significant change in terms/pay for other people?

Sounds like you would have a case for constructive dismissal.

[DB1974]

yes, they have changed pay and terms for most of the other staff, I am the last person to go through it.

Unlike the others I'm not too bothered about the consequences of turning down the offer, like I said, I have somewhere to walk into in 3 months time. Could I refuse to agree to the new terms and let them serve me notice??

DB

[DB1974]

john_p said:

Has the company you work for changed?

In what way, name or operationally?

[john_p]

The legal entity

[rpguk]

If you worked for Jo Blogs Ltd which was acquired by John Doe Ltd and your now being paid by John Doe Ltd then TUPE applies. If you're still being employed by Jo Blogs Ltd then it doesn't.

Regardless of whether TUPE applies, I can't see any reason why they'd be allowed to change the conditions of your contract so drastically without your permission (which by the sounds of things you'd be crazy to agree to)

If your position as it stands is no longer viable then they can make you redundant but if they just sack you, move you sideways or anything else they'd be looked upon very harshly by any employment tribunal.

I'd look at getting proper independent legal advice if I were you. This is one place where unions are useful although I don't think you'd be able to join one just to get help with a pre-existing issue.

Edited by rpguk on Saturday 3rd April 14:30

[DB1974]

rpguk said:

If you worked for Jo Blogs Ltd which was acquired by John Doe Ltd and your now being paid by John Doe Ltd then TUPE applies. If you're still being employed by Jo Blogs Ltd then it doesn't.

Regardless of whether TUPE applies, I can't see any reason why they'd be allowed to change the conditions of your contract so drastically without your permission (which by the sounds of things you'd be crazy to agree to)

If your position as it stands is no longer viable then they can make you redundant but if they just sack you, move you sideways or anything else they'd be looked upon very harshly by any employment tribunal.

I'd look at getting proper independent legal advice if I were you. This is one place where unions are useful although I don't think you'd be able to join one just to get help with a pre-existing issue.

Edited by rpguk on Saturday 3rd April 14:30

I'm still payed by Joe Bloggs

There is no way I'm signing it, however a colluege of mine has signed his and is now having serious regrets about what he has done. He signed his contract on Wednesday 31-3-2010, can he change his mind after the event?

Edited by DB1974 on Saturday 3rd April 15:12

[john_p]

AFAIK you can just refuse to sign any new contract of employment, at which point your employer can make the change subject to whatever notice period you have.

[DB1974]

john_p said:

AFAIK you can just refuse to sign any new contract of employment, at which point your employer can make the change subject to whatever notice period you have.

that was also my understanding, AFAIC they can serve me notice

[DB1974]

DB1974 said:

rpguk said:

If you worked for Jo Blogs Ltd which was acquired by John Doe Ltd and your now being paid by John Doe Ltd then TUPE applies. If you're still being employed by Jo Blogs Ltd then it doesn't.

Regardless of whether TUPE applies, I can't see any reason why they'd be allowed to change the conditions of your contract so drastically without your permission (which by the sounds of things you'd be crazy to agree to)

If your position as it stands is no longer viable then they can make you redundant but if they just sack you, move you sideways or anything else they'd be looked upon very harshly by any employment tribunal.

I'd look at getting proper independent legal advice if I were you. This is one place where unions are useful although I don't think you'd be able to join one just to get help with a pre-existing issue.

Edited by rpguk on Saturday 3rd April 14:30

I'm still payed by Joe Bloggs

There is no way I'm signing it, however a colluege of mine has signed his and is now having serious regrets about what he has done. He signed his contract on Wednesday 31-3-2010, can he change his mind after the event?

Edited by DB1974 on Saturday 3rd April 15:12

Is my mate screwed?

[rpguk]

I'm afraid my knowledge is just stuff I've picked up over the years and from the employers side of things so limited in that respect.

I guess the key question is why did he sign it? Pressure? misleading information from the bosses as to his rights? Was there much of a consultation period? Was he given any concession for signing up to the new terms?

Employment law in the UK is generally weighted in favour of the employee and employers are expected to follow procedure to the letter. It really doesn't take much to invalidate the new contract. Employees are given more leeway because they generally don't have the legal resources that a company will.

He really needs to speak to someone who knows employment law pronto. If he chooses to dispute then do it all in writing and via the proper grievance procedure. This means that the company has to acknowledge the complaint in a formal manner. However if I was him I'd get the legal advice before doing this so it was done in the correct manner and just as importantly to make sure it's not in vain.

[condor]

DB1974 said:

john_p said:

AFAIK you can just refuse to sign any new contract of employment, at which point your employer can make the change subject to whatever notice period you have.

that was also my understanding, AFAIC they can serve me notice

That's my understanding as well...check in your employee handbook for procedure details.

[rpguk]

He says he's still being paid by same Ltd company so I don't think TUPE would apply, would it?

[Bonefish Blues]

DB1974 said:

DB1974 said:

rpguk said:

If you worked for Jo Blogs Ltd which was acquired by John Doe Ltd and your now being paid by John Doe Ltd then TUPE applies. If you're still being employed by Jo Blogs Ltd then it doesn't.

Regardless of whether TUPE applies, I can't see any reason why they'd be allowed to change the conditions of your contract so drastically without your permission (which by the sounds of things you'd be crazy to agree to)

If your position as it stands is no longer viable then they can make you redundant but if they just sack you, move you sideways or anything else they'd be looked upon very harshly by any employment tribunal.

I'd look at getting proper independent legal advice if I were you. This is one place where unions are useful although I don't think you'd be able to join one just to get help with a pre-existing issue.

Edited by rpguk on Saturday 3rd April 14:30

I'm still payed by Joe Bloggs

There is no way I'm signing it, however a colluege of mine has signed his and is now having serious regrets about what he has done. He signed his contract on Wednesday 31-3-2010, can he change his mind after the event?

Edited by DB1974 on Saturday 3rd April 15:12

Is my mate screwed?

In a word, yes, I'd say - but worth checking if there was substantive consultation, which is required.

Only other option would be to claim that he signed it under duress, writing to the company to withdraw his consent, I guess.