Change of contract in notice period
Discussion
Hi
Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
I am a not a lawyer.
Jasanjules is a helpful soul on these topics.
Citizens advice: https://www.citizensadvice.org.uk/work/basic-right...
So if your friend doesn't agree to the term being changed, what are they going to do? They could terminate in extremis but if they have resigned anyway...
Jasanjules is a helpful soul on these topics.
Citizens advice: https://www.citizensadvice.org.uk/work/basic-right...
So if your friend doesn't agree to the term being changed, what are they going to do? They could terminate in extremis but if they have resigned anyway...
I would be amazed if the employer has a hope in hell here.
The written contract says 8 weeks, he’s handed in his notice and is serving 8 weeks’ notice.
The fact it does over the employer, and they want another 4 weeks out of him is their hard luck. Do they really think they are going to get another 4 weeks of quality work out of him in that time frame? – what muppets!
I can understand why he’s leaving now…
The written contract says 8 weeks, he’s handed in his notice and is serving 8 weeks’ notice.
The fact it does over the employer, and they want another 4 weeks out of him is their hard luck. Do they really think they are going to get another 4 weeks of quality work out of him in that time frame? – what muppets!
I can understand why he’s leaving now…
Nola25 said:
Hi
Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
IIRC if you don't agree to any changes in contract (which can be imposed without agreement in some cases) you are effectively resigning. The employer can't change the T&Cs and force you to comply with the new T&Cs.Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
If they suddenly value the employee to want to try to keep them for another 4 weeks, the other approach is to consider accepting, ensuring that it doesn't restart the clock for resignation and in exchange for £x additional payment, equivalent to further / additional 4 weeks pay on top of the further 4 weeks notice
Nola25 said:
Hi
Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
Whilst I an not your lawyer, the answer is most likely to be no. In addition, in the event they attempted to do so you (um, your friend), would potentially also be constructively dismissed. Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
However, if you (oh I mean your friend) wanted to, they might well agree to work an extra four weeks i.e. agree to that change of contract but for something like 1.5 or 2 times the salary for that period.. Just an option....
The terms of the contract of employment continue throughout the contract - the fact notice has been handed in doesn't freeze the situation at some sort of status quo.
If the contract says it can be varied then it can be varied.
However, if the notice period was 8 weeks when notice was handed in then the contract is now only running to that specific end date. i.e. Notice was correctly given and is running to the end date. The employer can't wriggle out of that one by trying to apply a longer notice period after notice has been received.
If the contract says it can be varied then it can be varied.
However, if the notice period was 8 weeks when notice was handed in then the contract is now only running to that specific end date. i.e. Notice was correctly given and is running to the end date. The employer can't wriggle out of that one by trying to apply a longer notice period after notice has been received.
Thanks for the replies and advice
The employee is adamant they can force the change to 12wks and are taking advice on how they can do this (from the company People team)
They’ve been communicated with, in writing, that the contract states 8 wks (with copy enclosed) but that the friend would be willing to extend the notice period for a further 4 wks from the initial date of notice for a rate not dissimilar to a contractors day rate.
The employee is adamant they can force the change to 12wks and are taking advice on how they can do this (from the company People team)
They’ve been communicated with, in writing, that the contract states 8 wks (with copy enclosed) but that the friend would be willing to extend the notice period for a further 4 wks from the initial date of notice for a rate not dissimilar to a contractors day rate.
No lawyer either.
Smile and wave goodbye at the end of 8 weeks and see what happens.
Tell friend to engage in no more contact around this, reply to no emails, take no calls, have no conversations. Other than, yes 8 weeks per my contract (this one I'm waving right here look).
No way they'll sort anything out in 8 weeks legally or not.
Smile and wave boys, smile and wave!
(Answer nothing will happen)
((And even it if does, what's the worst that is really going to happen))
Smile and wave goodbye at the end of 8 weeks and see what happens.
Tell friend to engage in no more contact around this, reply to no emails, take no calls, have no conversations. Other than, yes 8 weeks per my contract (this one I'm waving right here look).
No way they'll sort anything out in 8 weeks legally or not.
Smile and wave boys, smile and wave!
(Answer nothing will happen)
((And even it if does, what's the worst that is really going to happen))
Nola25 said:
Hi
Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
Can your 'friend' not extend for a further 4 weeks and try and get some enhanced payment from the company?Can an employer make changes to an individuals contract, via a consultation period, when that person has handed in their notice to leave?
‘friend’ has served notice, contract states 8 wks notice period, employer says it should be 12 weeks and has suggested they will try to change their contract to reflect this.
They’ve also suggested a group of people employed will be subjected to a consultation for on call working, would this affect said friend?
It all depends on how money they are willing to spend and how much trouble they want to cause, I'd try and be fair and seek an amicable solution no point in burning bridges as you walk away.
I had a situation many years ago when moving jobs to a competitor, my boss was glad to see the back of me but his boss went mental about it and they threatened all sorts including going to court to stop me, they contacted my new employer telling them that they were willing to spend to delay the move for as long as it took, I went to a solicitor and his advice was they have more money than you so try and resolve it amicably. My new employer started to get very nervous and told me I might have to stay where I was and they'd offer the job to the next candidate.
In the end I was put on unpaid garden leave for 6 months and had to go work for cash in hand gardening (yes literally gardening leave).when it comes to the law often it's the one with the money that calls the shots even if you're in the right as it costs to have principles.
IJWS15 said:
A contract can be amended while it is in force and it is still in force during the notice period.
Amendments must be in accordance with the terms of the contract and a change to the notice period is likely to be something which requires agreement but he has to look at his contract.
The employer can amend a contract whenever they like. The Employee is NOT bound to accept the T&Cs of the new contract. If they don't then they are basically terminating the contract.Amendments must be in accordance with the terms of the contract and a change to the notice period is likely to be something which requires agreement but he has to look at his contract.
I went through this at two of my previous employers. They were going through significant organisational restructures which involved, redundancies, regrades and redeployments. The people who were getting regraded weren't happy with the new contracts. They were told that the Employer could impose the new contracts for "Some other substantive reason". However they weren't obliged to accept the new contracts.
Muzzer79 said:
A contract is a contract
It's highly odd to think that a contract can be amended without the agreement of both parties, let alone in a notice period.
If your friend doesn't want to accept the amended terms, he should formally inform his employer.
Depends.It's highly odd to think that a contract can be amended without the agreement of both parties, let alone in a notice period.
If your friend doesn't want to accept the amended terms, he should formally inform his employer.
https://www.davidsonmorris.com/variation-clauses/#...
vaud said:
From the same linkLink said:
If an employee disagrees with any variation to their working conditions, but does not say or do anything, this may count as them agreeing to the changes. Otherwise, an employer may, as a last resort, terminate an employee’s contract and re-employ them on new terms and conditions. However, both options are risky. The first option could lead to employee resignations or, at the very least, disgruntled staff and a decline in productivity. The second option would require the employer to make staff redundant, following a redundancy procedure, leading to potential claims for breach of contract or unfair dismissal.
Employee doesn't HAVE to accept the change.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff