Do I have to sign my new contract?

[JAD]

My VR has not been accepted and they are not going to issue me with compulsary redundancy. They are breaking my existing contact of 5 and a half yrs and issuing me with a new contract for me to work up until end of July only. What will happen if I refuse to sign this contract?

[BMS]

Hi Jad

Sorry that it has worked out this way for you.

There are some employment law experts on the forum, I'm not one of them, but if it's any consolation if they make you redundant I'm sure they are obliged to give you as much time off as you require to find further employment.

Suddenly occured to me that you shuld make sure that your full length of employment is stated on the contract ie your start date in case they try and pull a fast one with regards to redundancy payments.


Hope things work out ok for you.

[JAD]

Thanks for the advice BMS - I will inform them tomorow regarding my yrs of service.

JAD

[bwglaw]

I specialise in employment law. Please appreciate that I do not have the full facts of your circumstances and sight of any agreements.

The bottom line is if you do not sign the contract but continue to work without making a grievance against your employer within a reasonable time frame then it can be implied that you have accepted the contract.

It does seem that your employer is trying to avoid redundancy payment by issuing you a new contract (the issue is whether the employer has 'backdated' your continuous service) (you need 2 years service to get redundancy payment), if the employer has not omitted this then what terms have changed? If no fundamental term has changed it could be argued that the employer has or is offering alternative employment to avoid redundancy.

An employer must give 1 month notice of any change in terms and conditions of the contract. If you are not happy with the contract you need to make a grievance. If your employer does not uphold your grievance you could resign and claim constructive dismissal. However, as I am not fully aware of your situation I cannot confirm whether you would have a claim for constructive dismissal.

I can be instructed direct if you email me at jonathan@handsongroup.co.uk



My VR has not been accepted and they are not going to issue me with compulsary redundancy. They are breaking my existing contact of 5 and a half yrs and issuing me with a new contract for me to work up until end of July only. What will happen if I refuse to sign this contract?

[jjh]

I work for a plc company in scotland and currently are going through a 90 day consultation period regarding new contract which will see me lose £1700 of my salary and £3500 from a travel allowance which i will be expected to claim 35p per mile to cover petrol,servicing,repairs and insurance for me to cover my own car while doing company business.I have taken out a greivance against the new changes but the answers I got back didnt really answer the question.I have been told I will be dismissed after 90 days for refusing the sign new contract.Any advise would be appreciated.

[davidakerr]

You should consult with ACAS asap.

[yorkshirejames]

You do not have to accept this new contract.

However be aware that you mustn't do anything that could be seen to accept it by conduct - i.e. working to new hours etc.