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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61099
Experience:  Qualified Employment Solicitor
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My boss want to sell the company and hired someone who is

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Hello my boss want to sell the company and hired someone who is going to buy the company and he added things in my contract . My question is like him to change the contract needs i should sign for that ?!
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Thank you!
Nicola

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

This would amount to a change to your contract. There are occasions when an employer may try and make changes to an employee’s contract of employment. If they wish to do so, there are a few ways, in which they can do it:

{C}· Receive the employee’s consent to the changes.

{C}· Give the employee the required notice to terminate their current contract and re-engage them under a new contract containing the changes.

{C}· Simply force the changes through with no notice or consultation.

 

The following options are available to employees to challenge these actions:

 

1. If the employer forces the changes through, the employee can start working on the new terms, then write to the employer making it clear that this is done ‘under protest’. This means that they do not agree with the changes but feel forced to do it as they have no other option. In the meantime, they should try and resolve the issue by raising a formal grievance with the employer. This is only a short-term solution though as the longer someone works under the terms, even under protest, the more likely it is that they will eventually be deemed to have accepted them.

 

2. If the employer gives notice to terminate the current contract and re-engages the employee under a one, it could potentially amount to unfair dismissal. However, the employer can try and justify their actions if they had a sound business reason for doing so, usually from an urgent financial perspective. If no such reason exists, it is possible to make a claim for unfair dismissal in the employment tribunal, subject to having at least 2 years’ continuous service with that employer. This would be on the grounds that there has technically been a dismissal because the original contract was terminated by the employer.

 

3. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., it is also possible to resign and claim constructive dismissal. The employee must accept the changes and immediately resign in response to them. A claim is again dependent on the employee having at least 2 years' continuous service with the employer.

 

Does this answer your query?

 

Customer: replied 7 days ago.
Ok
Customer: replied 7 days ago.
I meAn if him can do changes in my contract without my accept?!

That was mentioned all above, did you see my main reply?

Customer: replied 7 days ago.
Yes sorry

No problem at all, is there anything else you want to know about this please?

Customer: replied 7 days ago.
Thank you

No worries, all the best

Customer: replied 7 days ago.
Ok
Customer: replied 7 days ago.
All the best

Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61099
Experience: Qualified Employment Solicitor
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