Dismissal and re-engagement

bemma21

I'm not sure if this is on the right board, but advice would be helpful.

The company I work for is under consultation regarding Dismissal and re-engaging myself on a new contract with a 20% pay cut.

I have disagreed to the new contract, and not signed the new contract. However I have recieved a letter today from the deputy head of HR that has said that if I do not sign the new contract by next week, I will be dismissed and not re-engaged on a new contract and at the end of business on 25th April my contract will be terminated. Is this legal, or is this unfair dismissal because I dont agree to a 20% pay cut.

When the initial period of consultation started back in July 2012, we were told that service would be recognised and that I would be paid in accordance to they years of service, however on the new contract that I have been issued with, my service isnt recognised and makes out that I have only been employed by the company for 2 years, where I have been them for 5 now. I have already disputed this with my Manager and HR, and I am still waiting to hear back from them regarding this. I dont want to sign the new contract and agree to the new pay scale as it is a lot less than what I have worked their for.

Any advice appreciated.

djh77

You need to make sure you put in writing your objection to the new contract of employment. State your reasons why you object (length of service not being recognised etc). Make sure you hand this personally to your HR manager and keep a copy for yourself.

As far as I am aware, to make a major alteration to a contract of employment requires the agreement of the individual concerned. As rates of pay are a fundamental part of a contract of employment in my opinion they need your agreement to alter the contract. Without your agreement it could be considered to be constructive dismissal, or if the dismiss you for not signing it, unfair dismissal.

bemma21

Thank you

I didnt think it was fair at all. I dont want to lose my job, but what they are asking me to go back to pay wise is a bit of a rip off. I feel that the they have had the last 2 years service out of me for nothing as it is not recognised.