Change of Contract
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Discussion

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Original Poster:

5,632 posts

132 months

Monday 7th November 2016
quotequote all
So a colleagues partner's company is changing t&c's of contract and re issuing them.

The main points I can see is longer hours 3 per week which are paid and an extra days holiday.

However the 1 point I am unsure of is that they say if you don't sign up to the new contract you lose your length of service and the benefits this gives.

Any advice ?

edc

9,620 posts

280 months

Monday 7th November 2016
quotequote all
Regarding your last points, they can say what they want but I'd doesn't make it right. What are the circumstances? Is the legal entity employer still the same?

Aside from the technicalities, what seems to be the issue? You work 3 extra hours spread over a week and get paid them plus you get extra holiday. It doesn't seem particularly unfair. I would presume your pension is pushed up a fraction too.

Downward

Original Poster:

5,632 posts

132 months

Tuesday 8th November 2016
quotequote all
Yeah the extra time is rewarded.
However the entity isn't changing but it's more the fact that unless you agree to the new contract they imply you lose all your long service benefits and thus start again on probation.

Terminator X

20,460 posts

233 months

Tuesday 8th November 2016
quotequote all
You have a signed contract (?) which can't be varied without consent. I don't see how not signing a new one can impact the old one.

TX.

Marcellus

7,204 posts

248 months

Tuesday 8th November 2016
quotequote all
There's a difference between "Terms" of Employment and "conditions" of Employment.

IANAL and can't remember which is which but I think "terms" can't just be changed whereas "conditions" can be with due notice given.

Again not 100% sure but think Terms are; Who is employer an employee, date employment starts, pay and frequency of payment, hours of work.

Everything else is a condition.

edc

9,620 posts

280 months

Tuesday 8th November 2016
quotequote all
Where is they implication coming from? Is it in fact a misunderstanding from an employee that has done the rounds? Unless you say otherwise nothing you have said shows any explicit whether consultation or in writing to support your initial finding.

Has a new contract actually been presented?