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Anyone know employment law

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Ok, basically the company I work for are restructuring roles. Those people effected are in 30 day consultation. The restructuring that concerns my job role are working in a Rota basis including one Saturday a month, 1 Sunday in 6 and late nights. My 'normal' contract is 3 days a week and one Saturday a month.

 

I have said that this is not agreeable and have asked for redundancy as, as I understood it, they had to offer you redundancy if you could not do the job they wanted? They say no redundancies in my department as when all the restructuring is done, they will be recruiting. Is this right? And if I can't do the changes they want, what are my options?

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Are there other jobs to apply for within the company? If you apply for jobs that are already being cut or apply for roles which you are not qualified for won't this be the same as asking for voluntary redundancy? Won't this end up with you being made redundant? As far as I know, they can't make you redundant if your job is still available as a vacancy. This is not my area of expertise but it might make it easier for you to obtain redundancy.

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If they won't make you redundant and you won't sign a new contract then they have to keep you on your current contract.

If you refuse to sign and they dismiss you, then that's either redundancy or constructive dismissal from what I understand.

 

Call ACAS and see what they say. (Google for the contact details).

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Surely this is something your trade union should sort out?

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What Cyclone says is sort of correct. If you won't agree to the change in your contract, they can impose it on you by terminating your current contract and then re-engaging you on a new contract. They would need to terminate your old contract in line with the terms of that contract.

 

You could then claim unfair dismissal (if you have more than 2 years service) and show why you cannot work the new contract (for instance if there are childcare issues you could claim indirect sex discrimination), although this should also form part of your consultation. It is quite complex, though.

 

If there are more than 20 employees who reject the changes, the rules are slightly different.

 

There is a good leaflet from ACAS here:

 

http://www.acas.org.uk/media/pdf/q/k/Varying-a-contract-of-employment-Acas-leaflet.pdf

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Surely this is something your trade union should sort out?

 

I'm not in a union. If I was, then I wouldn't be asking advice here! Thank you for your input though.

 

---------- Post added 11-07-2016 at 13:30

Edited by AllAboutMe

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What Cyclone says is sort of correct. If you won't agree to the change in your contract, they can impose it on you by terminating your current contract and then re-engaging you on a new contract. They would need to terminate your old contract in line with the terms of that contract.

 

You could then claim unfair dismissal (if you have more than 2 years service) and show why you cannot work the new contract (for instance if there are childcare issues you could claim indirect sex discrimination), although this should also form part of your consultation. It is quite complex, though.

 

If there are more than 20 employees who reject the changes, the rules are slightly different.

 

There is a good leaflet from ACAS here:

 

http://www.acas.org.uk/media/pdf/q/k/Varying-a-contract-of-employment-Acas-leaflet.pdf

 

This chap is an expert in employment issues (it is his day job!)...I was wondering if the OP was a junior doctor by any chance???

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This chap is an expert in employment issues (it is his day job!)...I was wondering if the OP was a junior doctor by any chance???

 

No, I'm not.

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