i am being forced into a variance of terms and condtions for an employment contract buti don't want the varien

Question

can i do anything to prevent the go ahead of this variance

Answer 1

ask your trade union, or if not in one, citizens advice bureau.

Answer 2

Assume that the employer is pushing you into this?

Well, you can chose a number of options, but I must start by saying that if you don't sign them you may think you have gotten away with it, even if your employer does not persue you for it. However, if you contiune to work, under the new terms of the contract, you will have said to be agreeing to the new terms because you are working under the new terms and accepting pay under the new terms.

The first option is to sign but write "under duress" which means that you are forced to sign. That alon means nothing, but it will buy you time whilst you consider your other options...

It very much depends on the type of chnage and the impact it has on you and how many people are expected to change.

Lets start with the latter. If there were 100 people that had their contracts changed in the same way, and 98 of them accepted the change then the tribunal (if it got that ffar) would say that the majority of people accepted the change and thus the change is considered reasonable. Therefore you should sign or resign.

If the change is quite fundamental, say for example, the change results in a (significant) pay cut then you could resign and then put in a grievance (claim constructive dismissal) on the grounds that the employer breached the contract and because this resulted in a pay cut, you had no choice but to resign and find work elsewhere.

It is worth pointing out that it very much depends on the individual circumstances and so you should get further advice from ACAS before you proceed.

If you find that the company's new terms are 'reasonable' then you may find that your backed into a corner. You need to make sure that your employer gives you the right notice to change your notice.

Good Luck

Answer 3

Depends largely on the size of your organisation, and if it is unionised, etc. If you are in a union, get them on the case immediately. If there is a union, but you are not a member, find out what they are doing about this and join up as soon as possible.

For a smallish, non-unionised organisation, there is probably little you can do if you want to keep your job. Almost all contracts of employment will include a bit on the end of the job description that uses the phrase - "and any other duties that are required to perform the job" - or words to that effect. This is a catch-all clause that pretty much covers employers for introducing anything they damn well like.

Answer 4

If you are in the UK: If you do not agree to the variance, your employer has to take formal disciplinary action against you. You have the right to be accompanied at such a hearing. You can appeal if you still do not agree, but the appeal can be turned down.If you still do not accept, then the employer has the right to terminate your contract.
Bascially, your rights are to be consulted and given the chance to agree to the change, but your employer also has the right to continue his business in the way he sees fit and it might mean the parting of the ways for you both.
See www.acas.gov.uk

Answer 5

I think if your original contract does not have a clause permitting any variance, then you have the right to question your employer!!

Answer 6

If your employer isn't being reasonable, go and work somewhere else; if your employer is being reasonable, sign up and stop whining. If you aren't sure, take legal advice, but taking a contentious attitude to your employer is hardly a good basis for a long term relationship.

Answer 7

Usually you have the option to take Redundancy instead.

Answer 8

how solid is your current contract that will be the decider

Answer 9

Well unless someone has a gun to your head, you don't have to sign anything.

Answer 10

If you are UK, contact ACAS for advice.