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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46742
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked fort a company years they are asking me

Customer Question

I have worked fort a company for 30 years they are asking me to sign new contract that I have worked only 17
The reason is I worked alongside my husband in a pub,
The odd thing is it was in both our names you had to be a couple to get a pub
he got final salary pension and 70 -30 split on wages
I got an honrium wage, small amount ,but not allowed pension 10 years latter approx they asked if I wanted pension ,
I said no because of changing the split in wages to fifty fifty, and because of pension being final salary I said no,
They have asked me now to sign new contract , had to fight to get long service awards,
Which I was granted eventually
Should I sign I have five years left before retirement with government pension only .
My husband can retire in two years with both pension work and government
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. Do you mean that the contract states you have only worked for 17 years with them?
Customer: replied 1 year ago.
That what it's saying
Expert:  Ben Jones replied 1 year ago.
Was there ever a break in employment?
Customer: replied 1 year ago.
It's strange now they are asking me to sign we my husband and I have always been a joint manager
It was because of pension I did not do a fifty fifty split on wages
No break 30 years in four pubs
Customer: replied 1 year ago.
It stopped being called honrium about 20 years ago
Expert:  Ben Jones replied 1 year ago.
Is the service the only thing you dispute in the new contract?
Customer: replied 1 year ago.
I think so they had said about council tax we would have to pay
Which company has always in past
They have said they would remove that as it's only new manger that have to pay
Customer: replied 1 year ago.
I feel there up to something
has law changed regarding
Joint wages
As they want me to do a fifty fifty spilt on wages
This is not a problem as my hubby final salary has been closed two years ago.
Just worried what they are up to it seems oddFirst they asked. Trainee manger to come over to get it signed
I refused till read it
This is where I found out about all of the above
Customer: replied 1 year ago.
Trainee area manger that was suppose to read
Expert:  Ben Jones replied 1 year ago.
Ok thanks let me look into this in more detail I will reply later on today thanks
Customer: replied 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. I am not sure why they are trying to claim you only have 17 years’ service with them. Whatever the contract says, your length of service with them is not determine by what is in the contract – it is a factual matter determined by law. So if it comes t it nd this needs to be challenged, you can take t further and still have 30 years service in reality despite the contract stating it is only 17. In terms of what your length of service will affect, it is protection against unfair dismissal (2 ears needed so not an issue here), statutory redundancy (maximum 12 years can be taken into account so again you already have the maximum), sickness pay, maternity leave, etc – none of which should be affected whether you have 17 or 30 years. So your employment rights really remain unaffected and I am not quite sure whether they are actually up to something. Nevertheless you do not have to accept this contract. This is your basic legal position. I have more detailed advice for you in terms of the law on introducing contracts without your consent, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46742
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. 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. Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.
Customer: replied 1 year ago.
Hi Ben had chat today with Mel chambers today she has tried to explain the reason behind the new contract. Mel is Marstons hr officers. Her boss has told her to get all contract sorted.The fifty fifty split on wages seems to be the main agenda as we are the last of the mangers who are not on a equal splitI explained that although I do not mind splitting wages my concern are as follows
1. Horace pension will suffer as brewery amount they will pay into Horace pension will be less if we split, Horace could put more but brewery only put in a smaller %
2. If I'm ill or unable to work they could pay us off which would be less due to my reduced years working for them,I asked Mel what happens if I say no
She said brewery would go to grievance procedure and might still be made to do fifty split.
I asked if we would get the sack, under no circumstances would that happen,I did also say that I'm under the doctors at present and awaiting results of a MRI scan so I would not make any decisions till I've had results.I explained that I feel very cheated, I missed so much of my children growing up and now to be told I did not work for them
Is rubbish, I also said we went without a lot ,
When we had bad drink stock we were made to pay out of our wages
Hoilday cheated from us,
Could not have the same days off , or go to a meeting together,Really do not know which way I should goFrancine
Expert:  Ben Jones replied 1 year ago.
Hi, I think that it appears the employer is going to they and implement the changes in any event. Whilst they are not going to look to dismiss you, they may just force the changes through, in which case it is then down to you to challenge this and it is a matter of raising a grievance first and then unfortunately all that is left is the resignation and constructive dismissal option. Of course I understand that you may not wish to go that far but at least usr te grievance procedure to your advantage

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