Changes to employment contract

Need some advice.

My employer had a meeting today with everyone, where we were told that overtime rate will now be just normal pay and were given a contract to sign. Supposedly we've only got until this Friday to sign it. 

Employer couldn't answer questions about how signing a new contract would affect people's existing service, which is making me think that they intend to start us all on brand new day  1 contracts so as to avoid having to pay redundancy pay in the future.
Also been told if we don't sign it'll be taken as we accept the contract change. 

Is there a minimum notice period for changing contracts? Supposedly if enough of us don't sign it'll go to a consultation...but they're saying if you don't sign by Friday we'll take it as read that you accept, which to me kinda kills the point of a consultation

Tell me its not just me that lot sounds suspect too?

I've worked there for just over 6 years now if that's important.

Comments

  • AskAsk
    AskAsk Posts: 3,048 Forumite
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    i can't comment on the law as i don't have experience.  someone else may be able to help, or you could try google.

    from my personal experience, there is no time limit on notice that needs to be given to someone to sign a new contract.  i have received new contracts before without consultation and i was asked to sign it.  often it is in the employer's favour, but to persuade me to sign it, they offer an incentive, like salary increase.  i have seen colleagues that have been asked to sign new contracts without incentive, except that they can keep their job.

    bear in mind that overtime is actually not always payable.  i was astonished to read that an employer can force you to do overtime without pay!  i was asked to do overtime with one employer without pay because we were running late on a project.  i looked into this as i thought it was very unfair and to my astonishment, they can force you to do so  :'(
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They can't just re-start your service. It is  change in your terms of employment, not the end of one job and the beginning of another
    They are correct that if you continue to show up to work you will be deemed to have accepted the new terms, if you don't want that to happen you have to explicitly say so - you would need to get some advice but I think you would need to state in writing that you do not accept the change, are continuing to work under protect and are treating the change as a breach of contract by the employer - this will, I think, mean they can no longer assert that you have accepted the change but of course it won't be great for your relationship with them and so you would need to consider very carefully whether that is a step you want to take. Also, in those circumstances, if they then pay you art the normal rate instead of the old overtime rate you would have to decide whether you were going to sue them for the difference, and what that will do to your working relationship. 
    How many of you are affected, and are you members of a union? What is the difference between the standard and the overtime rate, and how much overtime do you typically do? (in other worlds, how much difference is this going to make to your income, and is it the thing you want to take a stand on?)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • oh_really
    oh_really Posts: 907 Forumite
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    Is there a union presence?
  • It won’t affect your length of service.
  • Brynsam
    Brynsam Posts: 3,643 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Combo Breaker
    MeWho said:

    My employer had a meeting today with everyone, where we were told that overtime rate will now be just normal pay and were given a contract to sign. Supposedly we've only got until this Friday to sign it. 

    Employer couldn't answer questions about how signing a new contract would affect people's existing service, which is making me think that they intend to start us all on brand new day  1 contracts so as to avoid having to pay redundancy pay in the future.
    Also been told if we don't sign it'll be taken as we accept the contract change. 

    You mean they chose not to - surely no employer could seriously be that incompetent? Although come to think of it, judging by some of the posts here, maybe they could!
  • I am an engineer at a major energy firm that looks after your boiler  ;) and the same is happening with us. It has happened at British Airways as well. Basically I think the general rule for companies is that they can do what the hell they like.
  • whyleric said:
    I am an engineer at a major energy firm that looks after your boiler  ;) and the same is happening with us. It has happened at British Airways as well. Basically I think the general rule for companies is that they can do what the hell they like.
    Agreed.

    it happened a few years back at my company and when we was balloted on to accept it or not I remember arguing with the union rep who said I’d be the only idiot on a picket line. 
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    MeWho said:
    Need some advice.

    My employer had a meeting today with everyone, where we were told that overtime rate will now be just normal pay and were given a contract to sign. Supposedly we've only got until this Friday to sign it. 

    Employer couldn't answer questions about how signing a new contract would affect people's existing service, which is making me think that they intend to start us all on brand new day  1 contracts so as to avoid having to pay redundancy pay in the future.
    Also been told if we don't sign it'll be taken as we accept the contract change. 

    Is there a minimum notice period for changing contracts? Supposedly if enough of us don't sign it'll go to a consultation...but they're saying if you don't sign by Friday we'll take it as read that you accept, which to me kinda kills the point of a consultation

    Tell me its not just me that lot sounds suspect too?

    I've worked there for just over 6 years now if that's important.
    Lets start with the important one,
    It does not effect your length of service for employment rights that remains continuous.

    Without good union help the change will happen so what can you do.

    notice to change that should be your contractual notice but you can agree to shorten that.
    There should also be a period of consultation but you can agree to not have one

    one key point here is you do not have to sign it for it to take effect they can use implied agreement by you continuing to work, all signing does is confirm you have seen it.

    if you(and others) don't agree you have to work under protest much better if you can this into consultation by reps/union.


    At best it delay the change for a few weeks unless a very very good union

    bottom line will be do they need people doing overtime more than the workers need the money.

    What happens if suddenly everyone is too busy to do overtime(this comes with risks) and they need to provide incentives to get people to work extra.
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