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as the completely insane UK laws allow While you can technically make changes to an employment contract in th UK without requiring a new signature, agreement f
by matthewmacleod 11y ago
as the completely insane UK laws allow
While you can technically make changes to an employment contract in th UK without requiring a new signature, agreement from the employee is required. If an employer tries to enforce changes without agreement, an employment tribunal will almost certainly rule in an employee's favour.
- mikeash 11y agoWhat constitutes sufficient proof of agreement there? A clear paper trail would make sense. A verbal agreement not so much. What's required by the law?
- matthewmacleod 11y agoI don't think the law specifies what form of agreement is required - however, an employer must confirm all changes in writing. Agreement at this point is implicit - if the employee does not agree with the changes, they have the right to refuse to work, to take the case to a tribunal, or in some cases to resign and claim constructive dismissal. I know that if an employee doesn't agree with contract changes, they should take action immediately; continuing to work and not expressing your disagreement with the changes after you've been informed of them can be construes as implied agreement. Employment law in the UK seems pretty worker-friendly in the sense that most companies will take great pains to avoid the risk of employment tribunals and other employee action, but I concede it's a bit less formalised than in other jurisdictions.
- dozzie 11y agoWitnesses, I guess.
- nxb 11y agoShockingly, signature is often not actually required in the UK for changes to employment contracts. Sorry I can't find better sources at the moment, but this was recently ruled on again by the UK courts. No signature is required, simply remaining at the job is enough to constitute acceptance in the UK for employment contracts. The employers don't even to show any evidence that you were aware that the contract has been changed. > Following on from this, a contract of employment does not need to be signed for it to be a binding agreement between the parties as acceptance of its terms can be either verbal or implied through conduct. http://www.thisismoney.co.uk/money/experts/article-2715470/Is-employment-contract-binding-I-never-actually-signed-It-says-I-three-month-notice-period-never-signed-I-respect-it.html#ixzz3j6o0Rnha http://www.thisismoney.co.uk/money/experts/article-2715470/I... Add to this, the UK courts are often upholding extremely unilateral employment contract clauses that give the employer the "right to change the contract without the employee's permission at any time." Extremely unilateral power. The UK courts see no problem with it at all. Quite insane.
- matthewmacleod 11y agoSure; see my other response regarding this. AFAIK implied acceptance of contract is actually common in UK law. It would be good to see some examples of court upholding "extremely unilateral employment contract clauses that give the employer the 'right to change the contract without the employee's permission at any time.'" – not because I don't believe you, I'm just interested in where this is happening. Unfair employment contracts are a bit of a political issue right now.