Before proposing any changes, you should always check the wording of the contractual terms to see exactly what type of term you can change and whether you need to give the employee a minimum notice period and/or follow a certain procedure. An employee may decide to accept a change, and many contractual terms are of course changed from time to time by mutual agreement, for example, an increase that you should try to settle as quickly as possible. If it takes some time and you continue to work, it could be legally understood as having accepted the change – even if you are working under protest. You should also think about what has been agreed verbally between you and your employer. It is still part of the contract, even if it is not in writing. The first thing you need to do is look at the terms of your contract. You should check if there is any language in the contract that says the employer can change its terms without your consent and see if anything has been agreed orally. . A good example of this is when an employee receives a raise or in case of promotions.
These changes are generally accepted because they result in a clear benefit to the employee. You may also want to talk to employees and ask them questions about their plans for the future. For older workers, this may include talking about their thoughts about retirement and how they stay at work, such as changes in their role, hours of work, or work habits. So even if there was a real need for change, your employer should look for other ways to organize work so that you don`t have to change personally, for example. B by hiring an additional part-time worker to work on Saturdays instead of forcing you to do so. If a group consultation is not required, once the affected employees have had time to digest the information provided during the first session or presentation (24 hours is probably the shortest period deemed appropriate, but it depends on the scope of the proposed changes), individual consultations with them. More information on constructive dismissal can be found on our website. In most cases, you can only file a complaint with the Labour Court for constructive dismissal if you have been employed by your employer for at least 2 years. There is an exception if you have been discriminated against or if your employer requires a change to your contract because you have exercised a legal right.
In this case, you can make a claim against your employer, no matter how long you have worked for them, as the dismissal would be “automatically unjustified”. You should seek legal advice before resigning, as these claims are very difficult to make. For example, if your employer tries to change your hours or move you, even though it may not be a big change for the employer, it can have a negative impact on you if it affects your child care facilities. This may result in an action for unfair dismissal or indirect discrimination on grounds of sex. If your employer proposes to dismiss (and reinstate) 20 or more workers, the collective consultation obligations under section 188 of the Trade Unions and Labour Relations (Codification) Act 1992 apply. For more information, visit our Covid redundancy pages. Since collective consultation requires an employer to comply with very specific obligations, you should seek legal advice if your employer has not complied with these rules, as you may be entitled to a protective indemnity. Failure to comply with the collective consultation obligations may result in the employer being ordered to pay a protection bonus of up to 90 days` actual salary to each employee concerned. We always recommend that you have informal discussions with your employer to reach an agreement and compromise to preserve your job wherever possible. The pandemic has put significant pressure on businesses, and many are struggling to survive.
The changes your employer can propose may be the only alternative to layoffs and maintaining business operations to secure your job and that of your employees in the long term. For more information, visit our Covid redundancy and general redundancy pages. An exception to the principle that you must personally accept changes to your contract is when a union enters into agreements on behalf of all employees. If your contract states that a particular union can bargain on behalf of all workers in a workplace, you may be bound by a change that the union accepts on your behalf. This is also the case if you personally do not agree with the new contractual period. You should seek legal advice if this is your situation, as you may have other claims as well. Cover any other requirements to be consulted, for example, .B. with regard to pension changes.
Written declaration of any contract change After entering into an agreement on a contract amendment, you must provide each affected employee with a written explanation of such changes. While not all changes to the contract need to be recorded in writing, you must notify in writing all changes to the employee`s most important terms, such as hours of work or place of work, within one month. The terms of the contract include remuneration, hours of work, sickness benefits and the pension plan. Not all the terms of your contract can be included in the written statement of your working conditions. Some may be included in your employee handbook, a pension booklet or a collective agreement. Further information on the contractual conditions can be found in our document on the employment contract. Changes to these Terms must be agreed between you and your employer. However, if your employer can prove that there is a very good business reason for the change and that their actions are a proportionate means of achieving a legitimate goal, then your claim would not be successful. To do this, they should clearly demonstrate that if your employer tries to let you work at different times or in a different location and you are unable to comply because of your childcare obligations, you may be entitled to indirect discrimination based on sex if you are a woman. Statistics show that more women than men take primary responsibility for childcare in society at large.
As a result, a change in work schedules can have a worse impact on female employees than on male employees. If you are a woman, you may be able to argue that your employer is indirectly discriminating against you by insisting that you change your business hours. However, for some working parents and caregivers, a change may not be feasible due to their family responsibilities. Your employer may want to change your hours of work to: You should review these documents to see what they say about your hours/place/way of working. If a union is recognized, negotiations to change the terms of the contract should be conducted through collective bargaining. .
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