Any experts on employment law?

[Andy_J_G]

We have just been landed the news that the company is to stop its "Global Employee Stock Purchase Plan", where they match £60 monthly for share purchase, and are also stopping the matching of pension payments into our pension scheme. The parent company in the US has done it so they are following suit, what i was wondering was can they just take these benefits from us, are they acting lawfully?

[Olf]

Andy_J_G said:

We have just been landed the news that the company is to stop its "Global Employee Stock Purchase Plan", where they match £60 monthly for share purchase, and are also stopping the matching of pension payments into our pension scheme. The parent company in the US has done it so they are following suit, what i was wondering was can they just take these benefits from us, are they acting lawfully?

I'm no expert but my first stop would be to check how these benefits are written into your contract, i.e. are they contractual obligations or does the language or structure of the contract leave wriggle room?

If it appears to you that they are contractual obligations then you might expect to recieve a new contract which might be laced with implied duress if redundancies are going on around you. If you don't want to cooperate and if you feel brave enough then consult legal help.

The fact of the matter though unfortunately is that they probably have you by the short and curlies.

[tobeee]

They can't force a new contract upon you. If they want you to sign a new one, they'll have to offer you something in return, but you don't have to accept it. I believe that a forced change of contract is grounds for unfair dismissal claim. I'm not sure whether stock/pension contributions are treated separately though. Best Google or ask CAB for advice, before spending money on legal advice.

[Jasandjules]

Does sound like a unilateral attempt to change the contract to me, which you don't have to accept... Are they offering any short term compensation?

[bigTee]

are they trying to save money so you can keep your job?

[JustinP1]

bigTee said:

are they trying to save money so you can keep your job?

This is unfortunately what 99% of employees on the cost-cutting high horse miss...


Not that the OP is, of course, just my experience in general. As has been advised, I would advise the OP to check his contract, that would be the only source which would define this issue. For example, the share scheme probably isn't part of the employment contract, it would be a different offer they can start and end when they need.

[mrsshpub]

If you've got buildings & contents insurance, you may have access to a legal helpline through your policy. Worth checking.

[Jasper Gilder]

It is a unilateral change in terms and conditions - even if it isn't written into the contract - but this is where the good news ends. So is, arguably, reducing the subsidy to the canteen, cancelling the staff Xmas party or withdrawing free car parking passes. The point is that the unilateral change - or repudiation- by the employer has to go to the heart of the contract. This doesn't. Thousands of UK employees have seen their employers pension contributions cancelled in recent years - some employers have shut their schemes down completely. These people have not all charged into Employment Tribunal and won because it's not a change so significant that it would cause the reasonable man to resign. If it is a change so significant - well that's another matter!

[JohnP68]

There is now a requirement to consult employees regarding certain changes to a pension scheme, see:

http://www.unison.org.uk/pensions/pages_view.asp?d...

Doesn't stop them making the change though

[BigAlinEmbra]

If you've got a union where you work it's worth talking to one of their reps. Better they stick their head in the firing line than you.