Employment law - advice needed please.

[sams dad]

http://www.acas.org.uk/index.aspx?articleid=1577
This website has loads of information about Contracts of Employment.
You can phone ACAS for advice too.

 

[The Andy Naylor Fan Club]

http://www.acas.org.uk/index.aspx?articleid=1577
This website has loads of information about Contracts of Employment.
You can phone ACAS for advice too.

Thank you @sams dad. I have spoken briefly to ACAS but intend to contact them again as I now have more information than when I previously spoke to them. Also a visit to the CAB may prove invaluable.

 

[drew]

When I posted that I have been employed by them for seven years, that is how long I have actually worked for them but they took over my previous company and also took on my contract, so does that mean that my employment would go back to 2002 when I started with my original company?

You might want to check out the TUPE (transfer of undertaking to protect employees rights, or something along those lines!) regulations. They should cover when you company was taken over but in essence they mean that existing employees contracts and terms are protected when the company they work for are taken over. But again, get an appointment at the CAB. You could also check whether you have any cover for legal advice via a motor or household policy (household would be better as some motoring ones only give advice relevant to motoring). They might not pay for a solicitor but you might find they have a free helpline to get you started and point you in the right direction.

 

[mwrpoole]

I'd be surprised, based on what you've said, that redundancy is a possibility here. The rules employers have to follow are strict and you can't make staff redundant for no reason. Your employers could argue that the business has changed and your job no longer exists, and they are simply offering you alternative employment, but they would have had to formally tell you that and depending on the numbers involved may have to go through a consultation period. What they can't do, is decide this is the case but in reverse order, I.e. offer you a new job then tell you your current job no longer exists if you turn it down.

Employers basically can't do what you are saying without your agreement - but doing or saying nothing can be interpreted as being in agreement. The problem you have is the law is on your side here, but by taking a stand and refusing the new terms what effect does that have on your future prospects with this company. I suspect the company are gambling the majority will just accept it without fuss and then deal with the few objectors 1 to 1. This government link explains the options and gives more contact details:

https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems

 

[hitony]

I'd be surprised, based on what you've said, that redundancy is a possibility here. The rules employers have to follow are strict and you can't make staff redundant for no reason. Your employers could argue that the business has changed and your job no longer exists, and they are simply offering you alternative employment, but they would have had to formally tell you that and depending on the numbers involved may have to go through a consultation period. What they can't do, is decide this is the case but in reverse order, I.e. offer you a new job then tell you your current job no longer exists if you turn it down.

Employers basically can't do what you are saying without your agreement - but doing or saying nothing can be interpreted as being in agreement. The problem you have is the law is on your side here, but by taking a stand and refusing the new terms what effect does that have on your future prospects with this company. I suspect the company are gambling the majority will just accept it without fuss and then deal with the few objectors 1 to 1. This government link explains the options and gives more contact details:

https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems

Great post IMO, It's well know that because of the last 5 years or so of recession it has very much become an employers world, I know of quite a few people who have been put in a position of "Like it or lump it" and whatever rights you may have, upset the employer enough and it will be a bumpy ride from there on in!! (I do agree the public sector has to be a tad more careful)