Employee law advice please
Discussion
My employer is looking at ways to reduce overtime (aren't they all? 
)
It looks like a new set of Terms and Conditions of employment is being drawn up, although they have not been made available for inspection yet. I suspect that it is likely to mean the introduction of varying working patterns (i.e. shift) which is not a popular proposal amongst my colleagues.
I have been told by my HR dept that the company has a legal obligation to allow a 30-day consultation period for employees to come up with (in my case) ways of reducing O/T before the new T's & C's are introduced.
My manager has told me that I should 'go along with the new terms' and that it should not affect me in the area in which I work etc etc.
Now, I'm concerned that if the so-far undisclosed new T's & C's are accepted either formally (by signing a contract which I suspect could say that my employer may change my hours or working pattern at will) or by implication (by going along with them) I might find myself having to accept future changes in our working hours without any further consultation (I hope I'm making myself clear here).
Does anyone have specific knowledge or any advice on this subject please?
) It looks like a new set of Terms and Conditions of employment is being drawn up, although they have not been made available for inspection yet. I suspect that it is likely to mean the introduction of varying working patterns (i.e. shift) which is not a popular proposal amongst my colleagues.
I have been told by my HR dept that the company has a legal obligation to allow a 30-day consultation period for employees to come up with (in my case) ways of reducing O/T before the new T's & C's are introduced.
My manager has told me that I should 'go along with the new terms' and that it should not affect me in the area in which I work etc etc.
Now, I'm concerned that if the so-far undisclosed new T's & C's are accepted either formally (by signing a contract which I suspect could say that my employer may change my hours or working pattern at will) or by implication (by going along with them) I might find myself having to accept future changes in our working hours without any further consultation (I hope I'm making myself clear here).
Does anyone have specific knowledge or any advice on this subject please?
In reality you have 2 choices, accept the new terms or refuse them. If the old terms are not available anymore they must make that job redundant. In some cases its possible to get an ex gratia payment for change to terms. If the change to terms is silly then go see Acas they may be able to help.
If the employer changes the terms and condistions of an employee unilaterally ( IE without acceptance) and the change is seen as 'going to the heart of the contract' ( IE not putting up the price of ham rolls in the canteen) then the employee can consider themselves to have been constructively dismissed.
If the employee works under the new terms and conditions they can be said to have accepted the repudiation of the contract by the employer and acquiesced to the new contract - it makes no difference if forms are signed or not. So the employee who considers themsleves to be constructively dismissed must resign at the point at which the change is enforced
But - and it's a big 'but' - constructive dismissal is not necessarily unfair - if the employer can show that the reasons for the change were a legitimate business reorganisation - the dismissal - albeit constructive- may be shown to be fair
In the circumstances I'd wait until I knew what was being proposed and then try to get th elargest sweetener I could - and if it turns out to be horrendous - start a new job project!
If the employee works under the new terms and conditions they can be said to have accepted the repudiation of the contract by the employer and acquiesced to the new contract - it makes no difference if forms are signed or not. So the employee who considers themsleves to be constructively dismissed must resign at the point at which the change is enforced
But - and it's a big 'but' - constructive dismissal is not necessarily unfair - if the employer can show that the reasons for the change were a legitimate business reorganisation - the dismissal - albeit constructive- may be shown to be fair
In the circumstances I'd wait until I knew what was being proposed and then try to get th elargest sweetener I could - and if it turns out to be horrendous - start a new job project!
Thanks to everyone who has responded to my original question.
We are currently engaging in consultation with local management in an attempt to reduce overtime. Whether this is achieved by shifting working hours, or by 'earning' lieu time has yet to be decided.
We have been told that new Terms and Conditions will only be required if the new working arrangements require it.
We are currently engaging in consultation with local management in an attempt to reduce overtime. Whether this is achieved by shifting working hours, or by 'earning' lieu time has yet to be decided.
We have been told that new Terms and Conditions will only be required if the new working arrangements require it.
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