Asked to sign a new contract?

TMO

Hi everyone. I need some help. Today I was told I have a consulatation meeting tomorrow and a stated time. I have been told by other employees that have gone to this meeting that the employer will tell them if they wanna continue employment with the company then they need to sign this new contract. And that if they don't sign on the day then they will have 2 more consultation meetings after this and if they don't agree to the terms of the new contract then their current contract will be terminated. Basically you're fired.

My question is, is this even legal?

I haven't receieved a letter stating anything about this meeting or my rights to bring in a representative with me. All they have said is that it's a one on one meeting and given me a 24hr verbal warnng. Considering this is a consultation which could lead to my contract being terminated surely I am allowed to bring in a represntative with me?

If they wanna cut my hours, are they allowed to this even though the business requires me to be there? And by reducing my hours they are going against their own health and safety evaluations for the business?

I believe I am the only person in this area who will be offered a lower contract. Is this even allowed? They have 4000+ stores. My area has around 25 stores. I'm sure I am the only person who is doing my current hours and on the same job title. If there is any others it would probably only be 2 or 3. Isn't this discrimination?

Are they allowed to remove company sick pay and just put me on ssp even though I have been with the company 5+yrs which would be extremely detrimental to me.

I'll update this thread once I know more. I'm gonna refuse to sign at this meeting not without getting professional advice.

All help appreciated

sangie595

TMO wrote: »

Hi everyone. I need some help. Today I was told I have a consulatation meeting tomorrow and a stated time. I have been told by other employees that have gone to this meeting that the employer will tell them if they wanna continue employment with the company then they need to sign this new contract. And that if they don't sign on the day then they will have 2 more consultation meetings after this and if they don't agree to the terms of the new contract then their current contract will be terminated. Basically you're fired.

My question is, is this even legal? Yes, it is entirely legal

I haven't receieved a letter stating anything about this meeting or my rights to bring in a representative with me. [COLOR="rgb(139, 0, 0)"] You probably don't have any such right. The right applies to disciplinary and grievance meetings. This is neither. [/COLOR]All they have said is that it's a one on one meeting and given me a 24hr verbal warnng. Considering this is a consultation which could lead to my contract being terminated surely I am allowed to bring in a represntative with me? [COLOR="rgb(139, 0, 0)"] No - it is your guess that this is what it is about. And even if it is, it is a consultation meeting - if toy then want to consult your union afterwards, then that is up to you.[/COLOR]

If they wanna cut my hours, are they allowed to this even though the business requires me to be there? How do you make out that they will cut your hours but still require you to be there?And by reducing my hours they are going against their own health and safety evaluations for the business?[COLOR="rgb(139, 0, 0)"] They are entitled to do so. The have evaluated the risk - it isn't law that they must do that thing. If something happens then their actions may be subject to scrutiny, but this is a matter for them.[/COLOR]

I believe I am the only person in this area who will be offered a lower contract. Is this even allowed? They have 4000+ stores. My area has around 25 stores. I'm sure I am the only person who is doing my current hours and on the same job title. [COLOR="rgb(139, 0, 0)"] If your are the only person doing these hours in this location, then how can they do the same to others? There isn't anyone else.[/COLOR]If there is any others it would probably only be 2 or 3. Isn't this discrimination? [COLOR="rgb(139, 0, 0)"] It might be. But it isn't illegal discrimination! They are not doing it because of your age, gender or whatever, so if they simply don't like your tie, that's ok.[/COLOR]

Are they allowed to remove company sick pay and just put me on ssp even though I have been with the company 5+yrs which would be extremely detrimental to me.[COLOR="rgb(139, 0, 0)"] Bottom line - yes. By doing exactly what you have described.[/COLOR]

I'll update this thread once I know more. I'm gonna refuse to sign at this meeting not without getting professional advice. [COLOR="rgb(139, 0, 0)"] So, you aren't in a union? A union would have possibly been your only chance of challenging this successfully without losing your job. [/COLOR]

All help appreciated

Employers are entitled to change contacts provided they follow due process. They must tell you what they want to change and discuss it with you. You are entitled to refuse. They will then serve you notice of termination, offering you a new contract with the new terms. You either agree and sign the new contract, or you serve your notice and leave your job. In these circumstances toy may claim this as unfair dismissal, but realistically, few such cases win because employers usually have their arguments well sewn up. So yes, it's legal. Definitely. But it might be changeable - but that's the chance you take if got refuse, and either way you lose because you have no job if you refuse.

ssparks2003

Well until you have had a meeting and heard what they have got to say there is little or nothing you can do since you don't know what is going on; all you have at the moment is hear say and second hand information. Go along, listen to what they have to say (not hear what you think they have said), make some notes, ask for them to provide the information in a written form, don't agree to anything at that meeting then report back.

getmore4less

TMO wrote: »

I have been told by other employees that have gone to this meeting that the employer will tell them if they wanna continue employment with the company then they need to sign this new contract. And that if they don't sign on the day then they will have 2 more consultation meetings after this and if they don't agree to the terms of the new contract then their current contract will be terminated. Basically you're fired.

....... middle bit was covered already........

I have been with the company 5+yrs .....

I'll update this thread once I know more. I'm gonna refuse to sign at this meeting not without getting professional advice.

All help appreciated

Consultation is the opportunity to discuss the changes.

whatever is said at the first meting you need to spend some time thinking about it it is probably not a good idea to guess what is going to be offered but to wait take in in try to avoid saying something on the spur of the moment about any of it.

Rather than refuse to sign something neutral(ish) like
"it has come as big surprise and seems quite detrimental, you thought you were a valued employee so would like time to think about it"

(If any change has been triggered by you, like you take a lot of sick days the valued employer bit may come across a bit smug)

Negotiate the next meeting having considered the changes.
If you feel there are changed that will be detrimental to the business or against company policy they may be worth raising.

If they do this on a Friday don't agree to the Mon. you won't have time to get legal advice if that is what you decide you need.

this may be covered on an insurance policy like house.

you should get 5 weeks to decide although they may want a decision sooner because if you do decide not to take the offer they may need to recruit.

Sometime the solution is take the offer if you can't persuade them to not make the changes and go get another job while still earning.

sangie595

getmore4less wrote: »

Consultation is the opportunity to discuss the changes.

whatever is said at the first meting you need to spend some time thinking about it it is probably not a good idea to guess what is going to be offered but to wait take in in try to avoid saying something on the spur of the moment about any of it.

Rather than refuse to sign something neutral(ish) like
"it has come as big surprise and seems quite detrimental, you thought you were a valued employee so would like time to think about it"

(If any change has been triggered by you, like you take a lot of sick days the valued employer bit may come across a bit smug)

Negotiate the next meeting having considered the changes.
If you feel there are changed that will be detrimental to the business or against company policy they may be worth raising.

If they do this on a Friday don't agree to the Mon. you won't have time to get legal advice if that is what you decide you need.

this may be covered on an insurance policy like house.

you should get 5 weeks to decide although they may want a decision sooner because if you do decide not to take the offer they may need to recruit.

Sometime the solution is take the offer if you can't persuade them to not make the changes and go get another job while still earning.

Just to clarify the comment that you should get five weeks to decide.... I assume this statement is based on your five weeks statutory notice period. That does not mean you get five weeks to say no, and then they serve you notice. You have five weeks from the point in time that they serve notice (aiming your notice is statutory and not contractual) to change your mind and accept the change.