New Contracts, working under protest

[Russe11]

Employer has set a date for signing new contracts. Should an employee wish to work under protest, what is the process...

 

If the employee clocks in on the day, would that be seen as agreeing to the new contract?

 

Does the written statement need to be given before the day of signing, at the time of signing or if not signing given before clocking in the following day?

 

If the employee feels no consulatation has happened, time to seek advice or does not fully understand all the implications of the new contract. Is giving a working under protest notice appropriate?

 

Will likely have some more questions depending on the answers to the above, thanks.

[Sidewinder]

There is no formal process other than putting the employer on notice (in writing) to say that you are working under protest and will not sign an amended contract until the points of dispute have been discussed and agreed.

 

Clocking in on the day in itself would not be deemed acceptance - especially if you make your grievance known beforehand

 

Be aware though that working under protest can only last so long, as providing that the employer gives adequate notice a contract change can be forced through and you would have a simple choice to either accept the new terms (losing any length of service accrued as it would be dismissal and a re-engagement under new terms), or you would then resign and seek a claim for Constructive Dismissal for the breach of contract. The latter is not though a given for success and since the employer has offered re-engagement any award would be fairly limited.

 

Care to elaborate on exactly what is being changed and what your concerns are? How long have you worked there, and what discussions have already taken place?

[Russe11]

In brief

 

Employer makes statement regarding underpaid holiday, outlining the amounts underpaid.

 

Time passes

 

employer gives individual calculations(amounts disputed another matter) stating cot3 agreements are to be signed, added that maybe new contracts signed to allow for changes in legislation.

 

time passes

 

before Christmas shutdown new contracts are issued along with draft cot3 agreements, with notifications both are to be signed

Before underpayments are released, contracts etc to be signed the day after returning to work.

 

 

 

Its clear no consultation period has been observed, some employees don't like the way the new contracts have been slipped in with the cot3 agreement, really should be seperate, but understand the employer can do as they please.

 

the first term of the new contracts is a term stating length of service is unaffected, so no issue there?

 

the employer has not given indication about what it intends to do with those not agreeing with the new contract.

 

Under the impression the employer wants it pushed through quickly, however they are using acas, for the cot3 and advice, so I take it they are not expecting a smooth transition OR that its the cheapest way for them to sort it out?

 

How many workers are intending to disagree with new contracts i'm not sure, but plenty are not happy with some terms, others are not really thinking through the longer term implications and are just looking at the moneyon offer.

 

I would like to thing the employer is open to negotiation, but the way the whole matter has been organised and pushed through it seems linke employee will need to take appropriate actions.

 

Hopefully your about this eve Sidewinder, any further information I can try and provide.

[arian75]

From my own experience, I can tell you that the best thing to do is write to HR department raising your concerns and inviting them to reply back before signing and agreeing to any permanent changes. There are many case laws around the issue of 'acquiescence', just because you are continuing to work is in no way you accepting the new terms. However the thing to bare in mind is that you should not be leaving too much time in continuing with your employment and then deciding that you do not want to accept the new terms, resigning and bringing in a constructive dismissal at the employment tribunal. You have to give a good reason for the delay and why it should not be taken as you accepting the new terms.

[ericsbrother]

at lot depends on what the new terms are and if there is a pay rise to sweeten the pill. Accept the money and you accept the terms soone would have to send back part of ones pay to avoid accepting a new contract and continue on the old one if money was involved.