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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50212
Experience:  Qualified Employment Solicitor
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The terms of my employment will change shortly. I

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Hello. The terms of my employment will change shortly. I would like to ask whether I am legally obliged to accept the new terms. Ideally I would like to reach a compromise agreement. Please can you advise, pros and cons in agreeing a compromise agreement and whether a compromise agreement is possible given that terms of my employment will change. I have been with the company 10 years. My benefits and salary will remain the same however I am not happy with the change of role. Also is a compromise agreement the same as voluntary redundancy. Many thanks.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are the exact changes please?
Customer: replied 2 years ago.
Hello. I am part of an estates team. I currently manage 260 properties covering the whole of GB. I have been asked to manage a different estate based in the UK and NI, this will involve international travel. Whilst the type of work will remain the same, the portfolio is different i.e. different client base and different property types. Part of the reason that I would like to reach a compromise agreement is simply because I disagree with why I have been moved, I believe it was simply to do with a clash of personalities which does not in my opinion form a good basis to relocate me to a different division. I could go on for ages about the inappropriate behaviour of my boss but this does not form the basis of my question. Is there grounds for me to request a compromise agreement? Thank you.
You are not legally obliged to accept changes to your contract. Generally, 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. The fairness of the last two options will really depend on the nature of the changes, how different they make the current role, if they were reasonable, etc – there are many factors that could be considered. You are entitled to ask for a settlement agreement at any time – the employer can agree it with you at any stage, especially if there is an ongoing dispute between you. In this case the dispute is your disagreement to the proposed changes. So yes, you are entirely free to ask them to consider it. The pros are obvious – you leave by mutual agreement and get paid off at the same time. The cons are mainly to do with you giving up your rights to claim against them, so you can’t challenge the termination or what led to it. A settlement agreement is not the same as voluntary redundancy, although a VR can lead to a settlement agreement being issued. 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
Customer: replied 2 years ago.
Thank you Ben. Do they have a legal obligation to except the compromise agreement or can they say no? Is there a standard letter template that perhaps you can recommend. Would you recommend me requesting VR or CA, which of the two has a quicker / less complicated process? Thank you.
A settlement agreement is entirely voluntary, they cannot be forced to agree to it. This is not a redundancy situation, so you are best advised to get a settlement agreement if possible. You must see a lawyer to get this done and you will be provided with a template either by them or the employer will prepare one and your lawyer will consider it and make necessary changes
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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