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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47424
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was offered a fixed term contract by a trade union who asked

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I was offered a fixed term contract by a trade union who asked me to hand in my notice asap. On my final working day of my previous employment the trade union rang and altered my start date and said they wanted a meeting to explain changes to the t and c's they wanted to apply to my contract which had applied during a previous employment with them. Where do I stand as the indication is that if I don't accept the new conditions then the offer is withdrawn, leaving me unemployed
Submitted: 2 years ago.
Category: Employment Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Has the contract been signed by both parties and dated?
Kind regards
AJ
Customer: replied 2 years ago.
A signed letter asking if I wanted to register an interest in the vacancy was issued but all other dealings have been verbal
Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Do you know what the new conditions are likely to be? An altered start date?
Kind regards
AJ
Customer: replied 2 years ago.
An altered start ate and wanting include contracted overtime which is to be included within my contracted hours, is changing my working day to include evening work and if they want work outside normal time paid hours e.g. time and a half, single time would ave to be taken as TOIL and the additional Alf time payment spread out over the 10 month contract
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am going to refer this to one of my colleagues who is an employment expert.
He will respond to you shortly.
Kind regards
AJ
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. It is very important to determine if you actually accepted the offer of the new contract or just expressed an interest in it?
Customer: replied 2 years ago.
I accepted verbally advised that I would had in my notice on 2nd January giving 5days notice and commence work with trade union on 12th. I was asked to hand in notice earlier as trade union wanted me to commence employment earlier. I rang back and advised could hand in notice on 29th December and commence at union on 2nd
Expert:  Ben Jones replied 2 years ago.
Thank you and apologies for the delay I was offline by the time you had replied. If you had formally accepted a contract of employment then you can argue that there is a legally binding agreement in place, which both parties would be bound by. In other words you would have a legal contract, with the terms which were agreed at the outset. So you need to consider whether you were offered the job on specific terms, for example a written contract which listed the terms and conditions under which you would be employed. If there was no written contract in place then you need to consider if any specific terms were discussed verbally when the negotiations over the job description were discussed. Whatever was agreed at the outset is what would apply to your position and it is what you can expect to be offered in the job.
If no terms were discussed at all and the job was left open then your position will be weaker because the employer could argue that nothing specific was agreed and as such they could amend certain terms, because they were not initially agreed and as such would not be binding. This is unlikely to include the start date though because that appears to have been agreed at the outset.
So your rights would depend on what was agreed at the beginning, before you accepted the job. If you had agreed on specific terms and the employer is now trying to change them, you can argue that they are acting in breach of contract. You could then pursue them for damages incurred as a result of their breach. This could be loss of earnings for the whole contract term, or for the notice period they would have had to give you had they decided to terminate your employment early. Do not just jump to legal action though and try to resolve this directly with the employer, making your position clear and also stating what your next steps would be if you fail to reach an amicable agreement.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47424
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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