Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you been working for this employer?
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. There are a few ways in which an employer may try and make changes to an employee’s contract of employment, such as the changes in your case. 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 employee would usually have a couple of options: resign and claim constructive dismissal, or if the employer has sought to terminate their contract and re-engage them on a new one – to claim unfair dismissal. The problem with either is that you require 2 years’ service to be able to make a claim and as you do not have that, it means that your rights are rather limited and you cannot legally challenge the changes. You can of course raise a formal internal grievance but apart from that, if you disagree with the move there is not much you can do to challenge it from a legal perspective because you do not meet the minimum criteria to make a claim challenging it.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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