Contract change – dismissal? help!

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  • Contract change – dismissal? help!
  • stevey99
    Member

    My employer has issued noticed to terminate my contract and offer me a new one minus a benefit, I’m attending a one to one to be given notice on thursday after a one off cash offer was rejected by the union to ease the removal. The union have given me a letter stating i do not except the change they plan to enforce but will continue to work under protest and reserve my right to sue. When my notice period ends could the company still terminate me even though ive stated i would continue working under protest????

    druidh
    Member

    I was under the impression that carrying on working was de facto acceptance of whatever terms were on offer.

    hora
    Member

    Does a new contract mean you effectively start again as a ‘new employee’? i.e. Its alot easier to get rid of someone if you have under a years service. I’d be more worried about that.

    Premier Icon winstonsmith
    Subscriber

    you need to be careful. you sure the union guy knows what he’s doing?

    They can only terminate you fairly – ie for poor performance or similar or redundancy. You have a union involved and the union have done the right thing as far as I can see.

    if you carry on working but say nothng then druidh is right but bringing it to the attention of management that you do not accept the changed terms means that they do not apply.

    Basically the management don’t have a leg to stand on on that one – especially if you have more than a years service.

    ACAS and TUC websites are often helpful

    Edit – I think this is right!

    Speaking to my missus who used to represent at tribunals, after refusing the contract change – and it cannot be imposed unilaterally like that – you probably will have to open a grievance under company procedure and may even end up at tribunal.

    Check that your union rep has got proper advice from the regional bods in the union.

    stevey99
    Member

    Thanks, yes i have more than 2 years service, think the fact that i issue the company with the letter means i havent accepted the T and C’s, also our last contract that was issued is still in grievance with the company although the company are claiming we accepted it by continuing working? surely this isnt the case as its in grievance and they haven’t come back on it? like i said alls im worried about is if they can dismiss me as soon as the period of notice expires? am i right in saying they cant after i issue the mwith the letter?

    The letter and the contract change is irrelevant to dismissal. You can only be dismissed fairly, Refusing to sign a new contract is not grounds for dismissal. Tribunal time if they do and they would lose.

    stevey99
    Member

    Thanks Jeremy

    stevey99
    Member

    just another point, if they dont dismiss me and i dont accept the new contract were do you go from there? how is a change implimented?

    Premier Icon Sandwich
    Subscriber

    Follow grievance procedure to appeal level internally. Failure to reach agreement should leave you in position to leave the company and claim unfair dismissal. N.B. It’s difficult to get an unfair dismissal win unless a strict procedure has been followed your union needs to ensure that legal advice is taken and strictly adhered to. The union should have the right people in place to realise you can sue them if they get it wrong.
    Good luck a careful approach could see you with a win of one sort or another. A manager with a short fuse will also help your case!

    stevey99
    Member

    Yes, although i dont want to leave my job, so really dont want to end up seeking unfair dismissal.

    stevey – until agreement is reached status quo applies

    All from memory tho and no substitute for proper advice.

    stevey99
    Member

    thanks much appreciated

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