After a consultation process, you can also determine if there are any objections and, if so, how to overcome them. You may even want to ask for volunteers if, for example, changing contracts is more suitable for some employees than others, or offer financial or other incentives, such as. B relocation costs or leave, where you ask employees to change locations, for example. If the change seriously violates your contract, you may be able to apply for a disguised termination in an employment court after your termination. The company should consult individually with all employees whose role is threatened with dismissal. This includes those who are absent from their role for any reason (maternity, illness, assignment). Individual counselling can be carried out in parallel (but not before the start of the collective consultation process). Employees at risk of dismissal should have sufficient time to absorb, process and respond to the official announcement that their role(s) may be dismissed before embarking on individual counselling. This will allow for a more meaningful discussion between the person and their supervisor. Many of these changes will be temporary to follow the government`s instructions, para. B full-time work from home or changes in working hours to account for staggered start and end times when people have to go to a workplace. Cooperation to agree on treaty amendments in this way can not only help to avoid possible disagreements and disputes, but also often lead to more harmonious cooperation. In these circumstances, you have the right to notify the change individually in writing as soon as possible.
This can be no later than one month after the date of the change. For these reasons, it`s often worth making a breach of contract claim unless it`s a large amount, unless you can combine it with another claim – perhaps due to unfair dismissal or discrimination. For example, if you cannot accept the change because of childcare obligations, you may be able to claim discrimination based on sex. Employees have the right to know what factors were used in the selection process and, ideally, these were agreed with employee representatives. Employees therefore have the legal right to switch to their existing terms and conditions of employment and all their existing labour rights and obligations towards the new employer (although there are special provisions for old-age pensions in occupational pensions). Indeed, the new employer follows in the footsteps of the old employer and it is as if the employee`s employment contract had always been concluded with the new employer. For this reason, it is important that employers know everything about the employees they might inherit if they plan to enter into a contract or buy a business, and that they ensure that the contract protects them from any employment obligation that arose before they became employers. This is supported by the fact that the former employer is required to provide the new employer with written information about all the rights and responsibilities of the employees who are transferred (see below). If that doesn`t work, consider writing a letter of protest explaining why you don`t agree with the change. For example, if you want to rely on a mobility clause in an employee`s employment contract to move that person to another office or location, determine the nature of the move and the extent of the inconvenience caused, which is appropriate notice in the circumstances. For example, a flexibility clause vaguely worded: “The employer reserves the right to change the terms from time to time” cannot be used to make totally inappropriate changes.
Indeed, in all contracts, there is an “implicit concept of mutual trust” that requires the employer not to act in a totally unreasonable manner. You should also inquire about the reasons for the change and, if possible, suggest other ways to do things that could meet your employer`s needs without causing you a problem. The purpose of TUPE is to protect employees when the company in which they are employed changes hands. It has the effect of transferring employees and all related responsibilities from the former employer to the new employer as of right. Talking to your employees as early as possible and before making final decisions can help facilitate a contract change that meets the needs of your business and workforce. Not necessarily. In previous cases where a modification of the employment contract did not have a direct impact on an employee, the courts have held that the fact that an employee does not object to the modification does not mean that he was then bound by the contractual clause. If this happens to you, you must now make it clear to your employer that you did not accept the change and that you do not agree with the change. You should also seek legal advice. Unaffected – the proposed changes do not affect their role In addition, even in cases where the employment contract contains a flexibility or modification clause that allows, for example, changes to be made to an employee`s work schedule or workplace, you do not have the unlimited right to implement these changes with respect to all employees involved.
Review of comments received during the consultation process. With this in mind, consider whether changes to the proposed amendments are needed to address the concerns expressed by workers. Formulate a business case for the proposed changes, which can be disclosed as evidence later if necessary. The question of when exactly TUPE applies and when it does not apply is very complex. If you believe that a transaction in which you are involved could be covered by TUPE, you should always seek specialized legal advice. Virtually all changes in service delivery are covered, so one can expect tupe to apply to most outsourcing without the need for lengthy legal arguments. However, due to uncertainty about when TUPE applies, it is common for this issue to be resolved contractually. Keep accurate records during the period from Stage 9 to the deadline to monitor which employees: Depending on the number of employees affected by the change in conditions, with 20 or more employees, there may be an obligation for your employer to consult collectively. You should seek advice if this is the case. One of the most common problems in dealing with a proposed contract change is the lack of communication between the parties.
In particular, the absence of explanation, discussion or consultation on the part of the employer can lead to disagreements and discord and, in extreme cases, irreparable damage to the employment relationship. With respect to any claim for wrongful or implied termination, as with other termination claims, you must be able to demonstrate a just cause for termination and that you have acted appropriately in all circumstances. To deny a claim in court, you must be able to prove that you had a good business case for the change and that you followed an appropriate consultation process. .