How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Jones – new terms in employment contract (1) Mr A

Customer Question

For Ben Jones – new terms in employment contract (1)
Mr A has been working for Company X since 6th June 2006, therefore 9 years and 9 months.
Mr A has been promoted on two occasions that Mr A reached managerial level.
Mr A moved within the same functional department but doing a different role suited for the same level of managerial role for the last 3 years.
Company X has introduced a new grading system. Company X is asking Mr A to sign a new employment contract which states Mr A’s new grade and salary, title and benefits (no change), new terms additions have been made.
Let’s assume:
New grade has been informed by letter on 5th March 2016
Contract has been given to employee on 12th March 2016.
Contract is effective 2nd April 2016.
Contract must be signed and returned by 1st April 2016.
What does the law state about how much notice or time employees must be given for such changes?
Please explain what the below term in the contract means?
What are the implications on Mr A?
“Your employment under these terms will begin on the 2nd April 2016 and for the purposes of the Employment Rights Act 1996 your period of continuous employment commenced on 6th June 2006 and will continue until it terminates on 3rd November 2016 without the need for further notice, unless previously terminated by either party”
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hi there, why will the employment terminate in November? Is this a fixed term contract?
Customer: replied 1 year ago.

No, its been permanent employment since 6th June 2006.

Mr A, is told the only reason Mr A is being required to sign a new contract is because of this new grading system and to update the old contracts with new legal requirements.

Customer: replied 1 year ago.

I'll be checking my answers around 4/5pm today.

No problem if you need more time, just let me know.

Expert:  Ben Jones replied 1 year ago.
Hello, in terms of the notice required to change an employee’s contractual terms there is nothing specific about this. There is no law which states X weeks or months must be given to effect changes to a person’s contract. As discussed in my advice yesterday, there are a few ways an employer could try and change an employee’s contract and without their consent they could either forcefully introduce these changes immediately or at short notice, or formally terminate the employee’s contract and re-employ them on the new contract incorporating the new terms. In the second option they would need to give the employee’s contractual notice period, which must be at least as long as the statutory notice period they are entitled to. This is a week per year of service so in this case it would be 9 weeks’ notice. They can still introduce the changes with a shorter notice period though, as in this case, and the employee can only then challenge this through a grievance or as a final resort – by leaving and claiming constructive dismissal. Therefore, unless the employer formally gives notice to terminate the contract, there is no specific notice period required by law to introduce the changes. He can still push for the notice period of 9 weeks if he wants to though. As to the clause in question, it means that the new terms will begin to apply from 2 April 2016, so the old terms from the old contract will no longer apply after that date. However, his continuous service with the company will go back to the start of his employment back in 2006 and this is what matters when his rights in terms of entitlement to redundancy, protection against unfair dismissal, notice periods, etc are concerned. So he retains his continuous service but will be subject to new terms as of 2 April. I would question why it states it will terminate in November though – that suggests it is a fixed term contract which only lasts until November. If this is supposed to be a permanent/indefinite position there should be no wording like that, so it would have to be removed. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

It appears that the employer is getting Mr A to sign a new contract starting on 2nd April 2016 with continuous employment which commenced on 6th June 2006. But key point is that the new contract will terminate on 3rd November 2016 without the need for further notice. Effectively making the contract a fixed term contract.

This has not been explained to Mr A. is it legal to do this without explaining this?

Can that in itself be considered constructive dismissal?

Expert:  Ben Jones replied 1 year ago.
No need to explain it - it is specified in the terms, he is expected to check the terms before agreeing to them. Simply including this term will not be constructive dismissal, but if they had intended to place him on a fixed term contract from a permanent one then yes that could be constructive dismissal
Customer: replied 1 year ago.

OK thank you, understood.

Shall Mr A ask his employer to explain what their intention is by adding that clause in?

Expert:  Ben Jones replied 1 year ago.
Yes certainly. It could well be just an error. This needs to be resolved before the contract becomes effective
Customer: replied 1 year ago.

ok, thank very much for clarifying all my queries so far.

we can close this thread

Expert:  Ben Jones replied 1 year ago.
You are welcome

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice