Proposed changes to T&C

Cucela

Hi there, my husband works for a small company 8hr a week. This is his second job. The company is proposing a change to their contract’s T&C and they are going through consultation. He has been thinking of leaving this job for a while as he earns enough in his main job. Do you know if in the case of him objecting to the change they should offer him redundancy? He has worked there for 15 years and as he was planning to leave anyway, this would give him a good opportunity to leave with redundancy. 

oh_really

Its the role not the person that's redundant.

Cucela

So really he must accept the changes or can he object and stay on the old contract? 

oh_really

How persuasive can he be in driving home his position? As he doesn't appear to be in a position of strength so I suspect he may exit out the door soon.

Too much to hope he's got union membership?

Cucela

He is in the union and he did send the enquiry but haven’t had response yet. He also asked at work and they said they will find out so need to wait. I thought its quite simple route of not accepting -> redundancy, but clearly not.

gettingtheresometime

If he doesn't accept the new t&cs surely it would be akin to him resigning? I'm not sure why the company would agree to making him redundant, especially if the role still exists.

General_Grant

If he didn't accept the new terms (with a reason other than "I'd prefer to be redundant and take the money, please", then the company would be likely to dismiss him, not on the grounds of redundancy but because they had a sound business reason to make the change.
What is/are the change(s) which he does not wish to accept?

TELLIT01

He needs to work with his union on this as they will be discussing the scenario of somebody refusing accept the new t&c with the employer.  Some companies will allow existing staff to remain on the current contract, sometimes for a limited period.  Other will not.  Redundancy is not an option - as said by oh_really it is the job which becomes redundant, not the person.

jobbingmusician

I would suggest he nags the union - they really should respond to a member undergoing redundancy consultation!

Andy_L

Cucela said:

So really he must accept the changes or can he object and stay on the old contract? 

If he objects he needs to either:
1. Continue working under his old T&Cs (if possible, eg he could work his old hours, if its a pay cut then he can't) & call their bluff in terms of disciplinary action
2. stay & sue for breach of contract or
3. resign & go down the constructive dismissal route. 

if he just goes to work & does nothing then he will be assumed to have accepted the change

p00hsticks

jobbingmusician said:

I would suggest he nags the union - they really should respond to a member undergoing redundancy consultation!

According to the OP it's not a redundancy consultation - it's a consultation about changes to Terms and Conditions

(still something the union should be interested in though)