Employment Contract Amendments - Notice Period

FTB86

Hi,

Today I have been informed that my employer intends to increase the notice period in my contract to 2 months, up from the current period of 1 month.

I am not happy with this change as I intended to leave at some point this year due to a complete lack of opportunities for progression company-wide (witnessed maybe 1 or 2 changes in almost 10 years), uncompetitive salaries, and the technologies that I use (I'm a software developer) are completely outdated and/or are in-house frameworks/languages so aren't used anywhere else.

Along with my lack of marketable/transferable skills, I feel this change would make me even less desirable to other employers and this is ultimately the reason why this change is being made.

The changes are due to come into effect within the next few week so I have decided to see if I can find another job before then (something I should have done many years ago). Not knowing how long my job hunt might take, I could still be working for my current employer in several months time so was wondering if anyone could provide answers to any of the following:

1. Can my employer change the notice period in my employment contract?
   
2. What are my options and the likely outcomes if I don't accept the new contract?
3. If I accept the contract do I have to work the full 2 months notice period? - I have been told by others that I shouldn't worry as I couldn't be held to the 2 months and it would be too costly for my employer to pursue. Even if this is the case I'm not sure I would want this following me around.

Thanks

notanewuser

1. Yes
2. If you show up for work even without accepting the change you'll legally be considered to have accepted it
3. Of course they could hold you to it. They wouldn't have to, but they could.

Masomnia

If you don't agree then it's a breach of contract. Really you should consider getting legal advice if you want to fight it.

KiKi

FTB86 wrote: »

1. Can my employer change the notice period in my employment contract?
2. What are my options and the likely outcomes if I don't accept the new contract?
3. If I accept the contract do I have to work the full 2 months notice period? - I have been told by others that I shouldn't worry as I couldn't be held to the 2 months and it would be too costly for my employer to pursue. Even if this is the case I'm not sure I would want this following me around.

1. They can't just unilaterally change it without consultation. If they want to change it, they should consult with you individually / an employee rep group / your trade union, agree the change, and give notice to make these changes. Have they already done this? They cannot make the change without your agreement (although they can take other action, see below).

2. If you don't accept, you could a) say that you don't accept it and agree with them that it won't be changed; b) if they won't let you stay on current terms then you have to write to state that you're working under protest, and then do something to resolve this - eg, make a claim for breach of contract, raise a grievance; c) if you disagree but don't say anything and continue to turn up to work then you are deemed to have accepted that change. If an employer decides to pursue the change that you disagree with, they could end your contract and re-employ you on new T&Cs (ie, effectively force through the change anyway). However, this does hold risks for them. Personally, unless you're in a really business-critical role, I wouldn't force a change this small on someone who didn't want it; the lack of risk to the business isn't worth the disengagement it would cause in an employee. But I'm pragmatic and reasonable.

3. Yes, you would, unless you can come to an agreement with your employer to leave earlier. Most reasonable companies - again, assuming you're not in a business-critical role - don't want someone there who doesn't want to be there, and will negotiate with you. It's unlikely that they'd pursue you for costs (eg, cost of someone doing your job for the time you were supposed to) if you left without agreeing an earlier date, but it's possible.

HTH
KiKi

FTB86

KiKi wrote: »

1. They can't just unilaterally change it without consultation. If they want to change it, they should consult with you individually / an employee rep group / your trade union, agree the change, and give notice to make these changes. Have they already done this? They cannot make the change without your agreement (although they can take other action, see below).

2. If you don't accept, you could a) say that you don't accept it and agree with them that it won't be changed; b) if they won't let you stay on current terms then you have to write to state that you're working under protest, and then do something to resolve this - eg, make a claim for breach of contract, raise a grievance; c) if you disagree but don't say anything and continue to turn up to work then you are deemed to have accepted that change. If an employer decides to pursue the change that you disagree with, they could end your contract and re-employ you on new T&Cs (ie, effectively force through the change anyway). However, this does hold risks for them. Personally, unless you're in a really business-critical role, I wouldn't force a change this small on someone who didn't want it; the lack of risk to the business isn't worth the disengagement it would cause in an employee. But I'm pragmatic and reasonable.

3. Yes, you would, unless you can come to an agreement with your employer to leave earlier. Most reasonable companies - again, assuming you're not in a business-critical role - don't want someone there who doesn't want to be there, and will negotiate with you. It's unlikely that they'd pursue you for costs (eg, cost of someone doing your job for the time you were supposed to) if you left without agreeing an earlier date, but it's possible.

HTH
KiKi

1. If the announcement of the changes today to the entire team is classed as a consultation then yes I have had this. The meeting was basically along the lines of "these are the changes and the contracts will be sent out in the next week or two".

2. I will probably discuss this with my line manager tomorrow before deciding what to do. It was actually my line manager who said that I probably wouldn't be held to the notice period so shouldn't worry about it. I do think, however, he may be trying to downplay the situation so I don't start looking for another job.

The question was asked whether there would be some kind of grace period before having to accept the new contracts, but the person was unaware. Is there anything in law that states the employer must give X number of days/weeks before the contracts will be enforced?

Thanks for your responses.

getmore4less

The question was asked whether there would be some kind of grace period before having to accept the new contracts, but the person was unaware. Is there anything in law that states the employer must give X number of days/weeks before the contracts will be enforced?

they should give you your normal notice(1 week per year or contractual if longer) to force the change but many places make changes with just a few weeks/month if the consultation framework is not in place(eg. union) some just make the changes.

unlikely you could win a dismissal case for a notice change.
pushing back does give you a chance to find a job and give the old notice.

More important is why are they doing this?

That is what the consultation is for they should be explaining why this is important to the business and you(everyone) can counter the case.

Try to engage in the discussion to find out the reasons behind the change, if they are confident it is the right thing they should have no problem discussing it.


As a staff retention/recruitment tool(people leave and it is hard to recruit in a month) it nearly always fails because it is other REAL issues that get people to leave that don't change so people still leave.

It also makes recruitment harder, if notice is longer than the norm(for the sector) people looking for jobs realize it could be because there are problems recruiting and they look harder at the place and if there are other issue unless desperate look elsewhere.

if they won't discuss it can be worth making the above point anyway if you suspect this may be the reason for the change(usually is).

For some roles a longer notice is needed to complete a recruit/handover cycle, a sensible employer does those on per case basis not a blanket longer notice or structures the business to avoid the issue.

KiKi

FTB86 wrote: »

1. If the announcement of the changes today to the entire team is classed as a consultation then yes I have had this. The meeting was basically along the lines of "these are the changes and the contracts will be sent out in the next week or two".

No, I wouldn't class that as consultation as you've been told rather than had a discussion.
It's certainly not agreement, which is required for them to make the change.

2. I will probably discuss this with my line manager tomorrow before deciding what to do. It was actually my line manager who said that I probably wouldn't be held to the notice period so shouldn't worry about it. I do think, however, he may be trying to downplay the situation so I don't start looking for another job.

Probably. Personally, I would say something along the lines of "I'm curious to appreciate why the change is required. Is there a business reason for making the notice period longer?" Their response may help you decide whether you think it's a reasonable change or not. If not, you don't have to agree. Say you don't agree (make sure you put it in writing), and remind them that they cannot make that change without your agreement (say it nicely, though, no point pi**ing people off).

The question was asked whether there would be some kind of grace period before having to accept the new contracts, but the person was unaware. Is there anything in law that states the employer must give X number of days/weeks before the contracts will be enforced?

Firstly, you use the term 'having to accept' which implies you / your colleagues think you have to accept. You don't. Important to say that!

I'm pretty sure there's no set notice period for contractual changes - ONCE AGREED! - but I'd expect a 'reasonable' timeframe (say, 1-2 months). They also have to write to confirm the change within a month.

For reference, if they are doing this for more than 20 employees, then if you all refused, and they decided to end all your contracts and re-employ you on new ones, this would constitute redundancy which required collective consultation with a Trades Union or workforce reps. So if you're all annoyed about the change, it's easier to work together to say no. ACAS gets slated a lot on here, but stuff like this they can give you the basics about. And use their website, it's good: http://www.acas.org.uk/index.aspx?articleid=3971, and this leaflet should give you lots of good info: http://www.acas.org.uk/media/pdf/q/k/Varying-a-contract-of-employment-Acas-leaflet.pdf

HTH
KiKi