Contract consultation query

SpongeMuppet

Hi there I’m looking for a bit of advice ….

Having been TUPE’D over to a new employer earlier in the year , we were told that our contracts would stay as was until they were reviewed in April and we have recently had a consultation about changes to contract, role etc

Overall there are a few good plus points such as increased leave and enhanced paid sick pay etc.

However a new contract is being offered on the basis of our roles being changed and a few other responsibilities being added to our work load that were previously being done by a separate team.

Now during the past few months I’ve seen numerous vacancies pop up which would have had increased salary etc but I’ve passed them by as they’ve all had an “on call” element which I don’t wish to do.

However this new contract has also got the same obligation for workers to be “on call “ and I know that pretty much none of my coworkers wish to do this either…..

I understand the company wishes to increase the pool of those “on call” but seeing as there are quite a few members of our team who don’t drive there will still be an inequality surely….

If we refuse to agree to this new contract, are our employers obliged to keep us on our previous terms or as I suspect could they just show us the door?

I realise that probably a lot of stuff is common sense to many, but never having been in this position before it’s a bit daunting.

Thanks in advance 

DullGreyGuy

SpongeMuppet said:

If we refuse to agree to this new contract, are our employers obliged to keep us on our previous terms or as I suspect could they just show us the door?

I realise that probably a lot of stuff is common sense to many, but never having been in this position before it’s a bit daunting.

As you were TUPEd you have continuous service carried forward so how long have you been there? If it's over 2 years they cannot simply get rid of you but have to go through due process either for gross misconduct or redundancy. 

Generally companies have other tools they can use like discretionary bonuses which they'll use their discretion not to award to anyone not taking the new contracts or in some cases they can force the changes through without your consent https://www.acas.org.uk/changing-an-employment-contract/employer-responsibilities/if-employment-contract-changes-cannot-be-agreed 

You really need to have a conversation with an appropriate person to understand the realistic intent. Many companies try to harmonise contractual terms as it makes it much easier to manage staff when everyone is on same terms (or at least large groups are). As a consequence someone in a department that only operates 9-5 mon-fri may have terms that says they'll have to work at the time/date the employer requires. It doesn't automatically mean they are thinking of extending/changing the operating times of the team just you have the same wording as the Sales team who do operate 9-9 7 days a week.

SpongeMuppet

“As you were TUPEd you have continuous service carried forward so how long have you been there? If it's over 2 years they cannot simply get rid of you but have to go through due process either for gross misconduct or redundancy. “

My length of service is in excess of a decade, I get that they’re trying to make it uniform across the company but how can they enforce an “on call” policy that a good number of our team won’t be eligible for? 

Marcon

SpongeMuppet said:

“As you were TUPEd you have continuous service carried forward so how long have you been there? If it's over 2 years they cannot simply get rid of you but have to go through due process either for gross misconduct or redundancy. “

My length of service is in excess of a decade, I get that they’re trying to make it uniform across the company but how can they enforce an “on call” policy that a good number of our team won’t be eligible for? 

That's why you need to talk to someone who can answer your question - nobody here can.