employment contract

[ozskins]

I am promoting someone to manager at this point can I give him new T&C in contract, was looking to set out new grievance procedures and also include internet usage policy, also wanted to clarify bank holiday situation, can i enforce this or suggest where do i stand, legal eagles help please.

 

[bwglaw]

Yes, I presume all other staff will be in line with what you propose to change i.e. grievance procedure.

If you are promoting an employee to a higher position you can ask them to sign a new contract which supersedes earlier contracts etc.

Happy to advise further if you email directly

Jonathan

 

[sjbeale]

If you need help with drafting the new employment contract please contact me. I also provide policies in the areas you mention.

 

[ozskins]

thanks guys i take it i cant compel him to sign new contract or can i?

 

[bwglaw]

You cannot compel someone to accept a promotion on less favourable terms or even on more favourable terms. It is the employee's decision. The employee would stay where he is. This situ will be different if you were offering alternative employment to avoid redundancy.

 

[ozskins]

thanks bwglaw so even if its payrise time etc there is no obligation for him to take it, the only thing i was really changing was clarifying that bank holidays were not automatic holidays does this also count?

 

[bwglaw]

You need specific advice because I do not know what terms the employee is currently on. I note there will be a pay rise in line with the extra responsibility/duties.

Are you proposing to reduce the annual leave entitlement to the bare minimum. I do not know what entitlement the employee has now. For full-time employees they are entitled to 20-days paid annual leave and this presently includes Bank and public holidays.

The fact still remains that the employee does not have to accept the promotion if the terms are not acceptable to him. It does not offer any incentive to decrease any entitlements/benefits as part of a promotion package. It may well also create sour grapes if other employees have different annual leave or other terms on a pro-rata basis

 

[ozskins]

thanks bgwlaw