Change in Contracts

james_Roberts

Hi,

My office I am working for has been just sold out to a company in London and have received a new contract which is very different to my existing one. I have to give three months notice to leave. Within the new contract it says that If I leave I will not get paid any accrued holiday that I have not got taken.

Secondly it says that I am not allowed to work in the same industry for a further three months after giving them 3 months notice to leave?

Does this sound fair to anyone? I am currently not happy in signing the new contract at all.

Many thanks Paul

getmore4less

james_Roberts wrote: »

I have to give three months notice to leave. Within the new contract it says that If I leave I will not get paid any accrued holiday that I have not got taken.

That is not legal if they don't let you take them but does mean you have to take all accrued holiday during our notice.

Sign does not matter, you have to actively reject the changes working under protest.

This is something everyone needs to be on side with, or they just pick you off one at a time.

Undervalued

getmore4less wrote: »

That is not legal if they don't let you take them but does mean you have to take all accrued holiday during our notice.

That is true for statutory holiday (28 days per year). If the OP get any holiday over and above the 28 days the firm could have a rule that any additional days are lost.

Non competition clauses are complex and can be unenforceable if they are too widely drafted. If that is a real issue the OP will need to take professional advice.

As you say simply not signing the contract is insufficient. Ultimately if an acceptable compromise can't be negotiated and the firm impose the new contract then the only options are to accept or resign and claim unfair dismissal.It would then be up to a tribunal to decide if the changes are reasonable or not. Surprisingly large changes are often found to be reasonable, usually justified by "business reasons" along with the suggestion that they were the only way to prevent redundancies.

Even if the OP were to win such a claim the compensation would probably be less than most people imagine and he would still be without a job as a tribunal has no power to order re-employment.