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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have ben told that if I dont sign a letter with amendment

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I have ben told that if I don't sign a letter with amendment to my contract they will give me 30 days notice on an eto reason change in work force can they do this

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did you transfer to the new employer and what arr the reasons for these proposed changes?

Customer: Transferd in march I am a short distance from the site but have been working 50 miles away on 2 other sites four 8 years the chap that used to work on the site they want me to do has been paid of sick now they want me to do it and are saying if I don't it is for eto reasons change in work force and needs of the buisiness
Ben Jones :

Hi, there is nothing stopping the employer from trying to use ETO as a reason to introduce changes to your old contract. However, as previously mentioned there are quite limited circumstances when this would apply and it really has to be something unexpected and extenuating and it's certainly not possible for the employer to just go ahead and use it as a reason to make the changes. So even if they go ahead and use this as a reason, if you challenged it then it would be for a tribunal to determine whether it was something that qualified as an ETO reason or not, but the rules are rather strict and it would take something quite serious for it to qualify as being an ETO reason

Customer: Thanks in your opinion is it worth challenging they seem very determined to amend this changes how much could I get if I went to a tribunal
Ben Jones :

How long have you worked there for~?

Customer: 8years was tupe d over from another company
Ben Jones :

I would say it is worth challenging it because from they have said it does not appear top be such an extenuating reason that is likely to amount to an ETO reason for change. As to compensation it depends entirely on whether you are able to find a new job and how long it would take you to do so - you are only compensated for loss of earnings for being forced out so it would matter on whether it is proving difficult or easy to find one

Customer: Ok I'm 51 so mite be difficult to find a job thanks
Ben Jones :

yes I understand, but obviously each situation is unique and you have a duty to try your best and show that you have done so, obviously if it does not work then the tribunal will consider this when calculating any compensation

Customer: Hi Ben how is the compensation calculated trying to work out what to do about this still they want the signed letter
Ben Jones :

hi as mentioned it depends on how long you are out of a job for and if you are still unemployed by the time the tribunal comes then they will give a reasonable estimate as to how much further you may remain unemployed

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Hi Ben one more thing if ok the new amendment letter says I have to give them an hour a day half an hour in the morning same at night plus one hour unpaid lunch at mo don't do that haven't sent letter in yet but they want it what do you think
Ben Jones :

this is all a change to your current conditions and you do not have to accept these, these are not really ETO reasons for change

Customer: Thanks for your help I'm not signing the letter will see what they do next May need your help again thanks any way
Ben Jones :

you are most welcome, all the best

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