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Contract changed without consent

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  • Contract changed without consent

    OH's work said a few months they were considering changing his contract from 60 (comms)/40 (basic salary) split to a 70 (comms) /30 (basic salary) split. OH and his colleague said no way you are not dropping our base salary we are already unpaid already. (they are paid half of what they should be getting)

    So moving along a few months and it turns out they have gone ahead and changed his salary without any discussion or giving him a new contract....


    So we've written to them and told them how they have broken UK employment law and WTF do they think they are doing.

    f your employer wants to change your contract

    If your employer wants to make changes, they should
    • consult you or your representative (for example, a trade union official)
    • explain the reasons why
    • listen to alternative ideas

    Changes can be agreed directly between you and your employer, or through a 'collective agreement' between your employer and a trade union. This might be allowed by your contract even if you're not a union member.

    What or who can change a contract of employment?

    Either you or your employer might want to change your employment contract. However, neither you or your employer can change your employment contract without each other's agreement. Changes should normally be made after negotiation and agreement.
    Changes to employment contracts could be made by:

    • agreement between you and your employer
    • collective agreement - this is a negotiation between your employer and a trade union or staff association
    • implication - that is through a change in long standing custom and practice (for example if your employer allows all employees a day off each year for New Year's Eve)

    If a collective agreement makes a change to employment contracts, the change will still apply to you even if you are not a member of the trade union or staff association.
    Dragging myself and my family back into the light with the help of Beagles.

    My Hardship Claim
    Me VS Abbey Win
    BIL HSBC Credit Card
    BIL EGG
    BIL HSBC Loan
    BIL PPI Win





  • #2
    Re: Contract changed without consent

    Even where the change relates to a more fundamental matter, the contracts of employment may themselves include flexibility clauses. A well-drafted contract of employment will specifically provide for flexibility relating to working hours, job descriptions and place of work. Provided that the employer operates these flexibility clauses reasonably, changes to contracts can be brought about with or without consent.
    The most difficult situation is where there are no adequate flexibility clauses. In these situations, the employer must first attempt to make changes by consent. Any change can be made to a contract of employment provided that the employee agrees and it is perfectly ok for the employer to offer financial incentives to agree more flexible contracts. However, at the end of the day, employees cannot be compelled to accept changes to their contract. An employee can simply insist that their contract is honoured and compel the employer to abide by the terms of the contract.
    In the above situation, the only legal alternative is for the employer to formally terminate the contract of employment of the employee and offer a new contract on different terms. The employee is not obliged to accept the new contract and there is a serious risk that they will leave and bring a claim for unfair dismissal.

    Let them try and enforce their un-discussed, un-agreed change...I will hav em

    Its not just OH they did it to either so although his situation is changing soon it affects his past and future pay... and its just wrong, you cant under pay people and then reduce their salaries further without telling them.
    Dragging myself and my family back into the light with the help of Beagles.

    My Hardship Claim
    Me VS Abbey Win
    BIL HSBC Credit Card
    BIL EGG
    BIL HSBC Loan
    BIL PPI Win




    Comment


    • #3
      Re: Contract changed without consent

      Have you had a look at the ACAS site? they also have a phone enquiry line for where you can get help. I have heard varying reports but someone I knew who used them for help on unfair dismisal found them very helpful.
      "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

      "Always reach for the moon, if you miss you'll end up among the stars"


      Comment


      • #4
        Re: Contract changed without consent

        Hi

        Has your OH heard anything back from them?

        Comment


        • #5
          Re: Contract changed without consent

          Forgot about this thread sorry.

          Yes they have changed his pay back now said it was a mistake They are investigating exactly how it happened.... lol cheeky feckers... HR lady even said well it couldn't have happened with out your consent then got very stressed and flustered and then it got fixed.
          Last edited by Mochamoo; 3rd October 2009, 14:26:PM.
          Dragging myself and my family back into the light with the help of Beagles.

          My Hardship Claim
          Me VS Abbey Win
          BIL HSBC Credit Card
          BIL EGG
          BIL HSBC Loan
          BIL PPI Win




          Comment

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