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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I want to change our employment contracts

Resolved Question:

I want to change our employment contracts for new starters.I want to remove the reference to the Employee Handbook being contractual.I also want to remove the additional holiday entitlement based on years ie at the moment staff get an extra days holiday every year after 2 years.I want to keep all existing contrcts for the moment but change contracts for any new employees. Are there any legal implications to this?Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. I presume you will give the minimum holiday entitlement to the employees anyway, just remove any extra entitlement that was given as a discretionary benefit?
Customer: replied 1 year ago.
Yes of course standard 28 days I just want to change the contracts so new employees dont have the extra entitlement. The issue is we will have employees on different contractual entitlements. My other concern is as this entitlement has been contractual for ovre 10 years could new staff argue custom and practice?
Expert:  Ben Jones replied 1 year ago.
There should be no issues with doing as proposed. It is entirely possible for employees to be on different contracts – there is no law which states everyone has to be on the same contract. Obviously you cannot discriminate based on gender, age, race, religion, etc but as long as there are no such factors influencing your decision, you are free to have existing staff on one contract and new staff on a different one. They cannot claim custom and practice as they have not been exposed to these terms themselves. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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