Contract change whilst on sick leave

Ricky_K

Hi all,
I've been on sick leave for last 11 weeks, my company change my contract terms and conditions on the 1st September. I have not signed a contract yet and hope to return to work next week. I would like to know if my original terms and conditions are still valid until I actually return to work or are the new terms and conditions in place even though I haven't worked them yet. My issue is about claiming back my holiday entitlement on the old contract, which I've been told I can't as we are on a new contract now.
any advice would be appreciated thx

getmore4less

When were you made aware of the new T&C? (not just they have changes but what the changes are)

Was there any consultation?
Was there any notice?


What holiday are you trying to claim back and how has the change in T&C made this no longer possible?

What sort of contract are you on?

Exodi

Despite the general opinion, as long as the employers act within the confines of the law, they really have great flexibility in what they can propose. To put it bluntly, should you not to agree to the new terms of the contract, the employer would be within their rights to dismiss you and offer you employment under the new terms. Also, whilst this may sound harsh, if the employer was able to handle without you for 11+ weeks, they don't sound in any great need to retain you (except having to remedy redundancy procedure including payment of any accrued holiday as per your old contract and risk being taken to tribunal for unfair dismissal).

Ricky_K

Thanks for quick replies, but I may have been a bit hasty in worrying about it as I have just heard my company are now willing to accept that as I went sick on my original contract, the terms and conditions will still be valid until I return next week and they will honour the reclaim of my holiday hours. Albeit I've got to use them by 31st December, but result anyway...

Exodi

A fantastic result! Great to hear

getmore4less

Ricky_K wrote: »

Thanks for quick replies, but I may have been a bit hasty in worrying about it as I have just heard my company are now willing to accept that as I went sick on my original contract, the terms and conditions will still be valid until I return next week and they will honour the reclaim of my holiday hours. Albeit I've got to use them by 31st December, but result anyway...

What holiday hours would you be losing under the new terms in a similar scenario.