UKC

Employment contract query

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 wushu 10 Sep 2015
Hello, I haven't posted on here in a while but I'm looking for some advice regarding work contracts if anyone can help?

My co-workers and I have recently been issued with new contracts at work, even though we already have contracts in place. The new contracts hold some fairly significant changes, to which my co-workers and I don't think are fair.
We've also been told that there will be a financial incentive if we sign these new contracts.

Would anyone happen to know the legality of changing a contract when another contract is already in place and also offering financial incentives to sign a new one?
 BStar 10 Sep 2015
In reply to wushu:

Are you in a union?
OP wushu 10 Sep 2015
In reply to BStar:

I am, but this started just before I joined the union, so therefore I can't present it as a union issue. However a colleague of mine has contacted their union and will be meeting with them.
 Philip 10 Sep 2015
In reply to wushu:

If you sign it then it replaces the old one. There doesn't have to be financial reasons. If terms have changed that make things worse - not just financially then you really need to try negotiating these. The fact you're being offered money to sign suggests they have. You could choose not to sign, that's when you'd need advice.
 BStar 10 Sep 2015
In reply to wushu:

Ah ok, I can't help with any contract bits, other than googling it, but I know the first thing I would do would be to try and get advice from a Union Rep. Hope it all works out for you.
 Morty 10 Sep 2015
In reply to wushu:

From acas:

An employer may be able to change the terms of an employee's contract (written or verbal) if one of the following applies:

•there is a clause in the contract that allows them to do so (a variation clause), or
•the employee agrees to the change, or
•the employer gives the correct period of notice.
The correct procedure to use depends on which of these applies.

If none of them applies, then attempting to change the terms could be a breach of contract.

However, if the employer wishes to change the employee's hours or shifts, and the employee is on a zero hours contract, the situation is different.

Note that if the reason for the proposed change is that there has been a transfer of a business (or part of it) from one owner to another, then this may be covered by regulations known as TUPE. If this is the case, it may be wise to take legal advice about whether the change might be unlawful.
OP wushu 10 Sep 2015
In reply to all:

This is all very useful and I thank you all for the information offered!


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