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Old 19-01-2009, 13:37   #3
LondonRoad
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Re: Employment contract/redundancy/unfair dismissal question

Effectively you are being made redundant and offered another post. Probably not what you want to hear but you would have a very difficult job to prove that you have been unfairly dismissed.

Basic position on employment law contract changes:

Adverse (to the employee) changes in existing terms of employment are usually made in one of three ways:-

* by agreement with the employee(s), possibly with a cash "sweetener";
* by unilateral variation of contract terms (or of works rules applied by the contracts); or
* by giving required notice to terminate existing contracts and offering new contracts on new terms.

Choices open to an employee are:-

* go along with the employer's proposals;
* reject them and quit, perhaps claiming constructive dismissal , or
* reject them but continue to work on a without prejudice basis (ie "under protest") on the new terms, reserving all rights, negotiating if possible and ultimately bringing court or Tribunal proceedings if agreement cannot be reached.

Last edited by LondonRoad; 19-01-2009 at 13:42.
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