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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Jones - forced to sign a new employment contract. , I

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For Ben Jones - forced to sign a new employment contract.
Hi,
I would like further clarification following our previous communication.
As previously explained Mr A has been given a new grade and is being asked to sign a new contract which states his new grade.
The letter notifying the new grade states that if Mr A disagrees with his new grade then he can request a review.
Mr A, has requested a review and Mr A's direct manager agrees with Mr A, that the new grade should be reviewed with a view to obtain a higher grade as the starting point on the new contract.
Mr A’s manager has advised Mr A to await the outcome whilst Mr A’s manager undertakes the paperwork for grade review.
HR has requested that the new contract be signed by 1st April 2016. In response Mr A, requested that the signing of the new contract be postponed until the final outcome of the review of the grade as his grade will be stated on the contract. However, HR in response has requested that Mr A sign the contract even if the final outcome is not reached by 1st April 2016. HR also state that if the review decision is in Mr A’s favour then a letter of amendment of grade will be issued.
Does employment law allow Mr A’s request to postpone signing of the contract until review is completed?
Given that all employees in London has been given the same deadline, does the company have a lawful right to force Mr A to sign the contract by 1st April, using the argument that all employees must sign the contract by the same deadline regardless of any pending outcome of reviews?
(note, Mr A’s employment contract signed at the start of his job is a permanent contract and is active at the moment).
Thanks
Submitted: 1 year ago.
Category: 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. Has Mr A considered signing the contract and working under protest whilst the review issue is being resolved?
Customer: replied 1 year ago.

Yes Mr A will consider that option as well.

Just wanted to find out additional information.

Expert:  Ben Jones replied 1 year ago.
He cannot be forced to sign the contract on a specific date. He can be requested to and they can also choose not to proceed with the contract if no signature is obtained but whether he signs it or not is up to him. If he does sign it then he must make it clear that he is working under protest or that he is not accepting the terms for the time being and seek to resolve this and negotiate any changes. If he does not sign it and they still allow him to proceed in the job he should not leave it too long and work in the job without challenging the issues as it could eventually be assumed that he has accepted the terms as they are even if no signature was given. This is called an implied acceptance. 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: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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