Employment Lawyers Can Answer Your Employment Law Questions
Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.
To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.
When you moved to the new company, was your employment transferred via TUPE?
Did you expressly agree the changes to your contract of employment in respect of your overtime?
Do you still need assistance?
If so, please answer my query above.
Thank you for your reply.
Unfortunately, it appears that your contract of employment with your old company terminated and a new contract of employment with the new company was formed on different and less favourable terms.
Given that your contract of employment was not TUPE'd over, you do not have any rights under the Employment Rights Act 1996 for the changes to your contract of employment.
In addition, you will have a new commencement date for your employment which is likely to be significantly less than the required two years' continuous service to qualify to bring a claim for constructive unfair dismissal in the employment tribunal if you are forced to resign from your job.
I can only suggest that you raise a grievance with your new employer and request amendments to your contract of employment that are similar to your previous contract of employment, and if they do not oblige, then you have little option but to tolerate your new working conditions or resign voluntarily and seek new employment with another employer.
I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.
Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.
In that case, you do have the right to bring a claim for constructive unfair dismissal in the tribunal.
However, you will have to find another reason in the more recent past as the gap between your old job ending and your current situation is too long and a tribunal is unlikely to find that this is the cause of you leaving your job as you will almost certainly have been deemed to have accepted and waived any alleged breaches by your new employer in imposing their new and less favourable contract contract terms on you.
I hope this resolves your query.
Please give me a give star rating in order to conclude this matter.