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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48466
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my employer has just asked me to sign a new contract and one

Customer Question

my employer has just asked me to sign a new contract and one of the change is that they want me to give them 3 months notice if I decide to quit BUT they will only give me one months notice should the want me to quit. (I have an exemplary employment record and neither party is unhappy; this change to contracts is one that is being requested of all of us)
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-qttcz0kt- :

three years

Ben Jones :

what are the current notice periods?

JACUSTOMER-qttcz0kt- :

one month both ways

Ben Jones :

ok let me get my response ready please

JACUSTOMER-qttcz0kt- :

sorry I made a mistake in my current contract it is 2 months both ways; now they want me to give them 3 months and they want to gove me one months notice

Ben Jones :

Your employer is basically now going to try and change your existing terms and conditions. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:

  • Receiving the employee’s express consent to the changes.
  • Forcefully introducing the changes (called 'unilateral change of contract').
  • Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.

If the changes are introduced without the employee's consent, then the following options are available:

1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.

2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.

3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Expert:  Ben Jones replied 3 years ago.
Hello Ken, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you
Expert:  Ben Jones replied 3 years ago.
Hello Ken, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you