Can the employer do this......legally?

Question

My friend is an aviation engineer and has worked at the same company for 5 years or so. His boss has now introduced a new contract which cuts 5 days off his annual holiday and stops all sick pay except statutory sick pay. Is this legal, can his boss do this?

No he is not in any union as it is a very small air repair unit .

ps This is in the UK so American law does not come into it here. He cannot just up and leave his job as we dont have that many airports here in the uk. He would have to move all his family etc. He is not in a union. The boss took over this company and the old contracts have now expired hence why he has introduced a new 1. Hope this adds more clarity to my question.. Thanx

Answer 1

he has to give reasonable notice usually a month and a reason for doing so.

if sick pay was agreed in his contract and he wasn't given notice it could constitute a breech of contract.

he needs to seek legal advice because he maybe able to argue his case. The bare minimum for holiday allowance in the UK is 15 days plus bank holidays, the employer can't go below this.

Answer 2

If he is a contract engineer working under a signed contract between him and the company and the contract terms have not expired then the answer is no. They have to live with the old contract!
But if he is a employee of the company and it is a common company policy then yes they can do that. The company can change it's vacation days, holidays, sick days. etc any time they feel the need to unless there is a signed contract. But they start doing that and that is the best way for them to end up dealing with a union.

Answer 3

I would say no, unless this was done as part of a deal where a sum of money was offered to them if they would sign up to the new plan. The employee should firstly contact his union, then check his contract of employment, which should mention holiday allowance and sickness payment scheme. Even if the company has been taken over, they can't circumvent employees contract of employment without the employee signing up for it.

Answer 4

His boss would have needed to re-negotiate his contract with him. Quite often bosses will try stuff on and unfortunately they get away with it. He should be compensated for his loss.
If your friend stays on, it will be deemed that he has accepted these new conditions, so he must take formal action and seek legal help.
At the very least, your friend should contact ACAS (it's free and confidential) and explain what has happened and about his own circumstances...they will be able to advise him then on the best course of action.

In response to your additional comments, the new boss would have been bound originally by TUPE (transfer of undertaking) rules that allowed your friends contract to stand. If this contract has now expired then he and the boss should have negiotiated his new contract.
My advice still stands that if he remains without complaint he will be bound to the new contract as he will be deemed to have accepted it by continuing to work there.

Answer 5

Yes his boss can as he is not a union member and his boss is probably under instructions to cut costs.This is a lot better than a job cut I do not know how easy it would be for him to get another job but I tend to think that it would be hard if he is now working for a small company.

Answer 6

Yes the employer can do anything he wants if the employee is not under a contract and it isn't against the law. Many fringe benefits like holidays off, insurance and sick pay aren't mandatory especially in a small establishment.

Answer 7

Unfortunately, if the company has made changes, your friend did not have to agree to them for them to become active. His only option now is to abide by them or of coarse find another job. So yes, the company can change their policies which can effect the employees. Unless of coarse your friend signed a contract for a certain amount of security for his length of employment at this company. The good news is that with a degree and experience in engineering, jobs are everywhere. It's a competitive field. Best wishes to your friend. Events that hit is in life can be a shocker. If he wants to stay at this company, then I suggest he make a list of demands that he has to have in order for him to stay. If the company can not obliged to this, then advice him to find a place that will.

Answer 8

I am an Employment Lawyer and on the bare facts of your 'friends' case, the answer is no, they can't. Correction - they can do it, but can't do it legally. It does not matter that the company has been 'taken over - the TUPE regulations will almost certainly apply. You 'friend' needs to get himself in front of a decent employment solictor asap - if he delays than he may be deemed to have accepted the repudiatory breach of contract. My Advice in all cases like this: "Sue the Bastards".

Answer 9

Thats what contracts are there for, so that the employer can make changes to the staffs terms or hours. If your friend signs the contract then he/she has agreed to work under those conditions. If he/she doesn't agree then the contract shouldn't be signed and the job is opened to other people...

Answer 10

Do not sign the new contract. He was employed 5 years ago so stick to that contract. They cannot sack him, he can do them for unfair dismissal. You say he isn't with a union, I suggest he joins up now. Good luck. Don't back down, annual leave is precious, we don't get enough as it is.