Employment contract

[malagabob]

There is a rumour again that my wifes employer has a legal right to change her and others contracts to suit the employer. Including the employee has to work a Sat or a Sun at no extra money. and take a day or days off mid week.

[4getmenot]

well unless she signs the amended one I doubt it would be legal

[redcrx]

i thought contracts could be changed but only with reasonable notice and consultation. This is why people strike, because they dont like the changes (not that im suggesting your wife strikes)

[karenmac60]

The thing is though 4get, they basically force you to accept it. My employers gave us all new contracts last year, massively changing our terms and conditions. We had 90 to sign then on the 91st day if we hadn't signed and didn't turn up at work it would be assumed we had not accepted the new contract and were no longer employed by them. If we didn't sign but did turn up it was assumed we accepted the new contract. They are now deleting all of our posts and making us apply for new posts (there are not going to be nearly as many as there were and the higher grades will not be replaced with new posts), and anyone who is unsuccessful will be out. No voluntary redundancies are being given, so we are all going to have to fight each other for limited jobs and most of us have 20+ years' service. Employers can do what they like and call it 'restructuring'.

[237SJ]

I believe an employer can terminate a contract and put someone on a new contract. They can`t change an existing contract without negotiation

[buildersmate]

"I believe an employer can terminate a contract and put someone on a new contract."
"They can`t change an existing contract without negotiation."

Well there's a pair of oxymoronous statements if ever I read such a thing. How the check can one terminate a contract without changing it?

The simple facts are that an employer must give contractual notice if it wants to change the terms of a contract. It must also consult with the staff on why it wants to do it - showing a good business reason and listen to the employees concerns and difficulties in accepting the change (for example, I can't possibly do that because my husband works and we have small children and the childcare costs would be XYZ). At the end of the day the employer has the power to decide what it wants to do.
Either it pushes the change through, perhaps with some amendments, or it doesn't.
And if it does, the employer can decide to accept it or resign - potentially deciding to take the employer to ET for constructive dismissal. Which the employee might win - depending on the individual circumstances.
Won't get the job back - might get some money.

[dundurn]

Some years ago a number of staff working for a major bank were told that there would be a unilateral change to their contracts - and were told they could like it or lump it - they were definitely given the impression that they had no choice but to accept the change or resign. Unfortunately for the bank in question the staff involved were their Legal Department! Every member of staff replied to the letter indicating that they did not accept the revised terms and that they would be continuing to turn up for work but "under protest".
http://www.direct.gov...onditions/DG_10037116
The bank found that it wasn't quite prepared for quite this level of dissent. They certainly didn't want to pay for mass redundancies nor did they want the bad publicity that a number of tribunals would have involved. (Nor were they getting a lot of advice from their Legal Department!)

Negotiations broke out shortly afterward!