Employment Contract Review - if U fail to agree terms what happens next?

[3littlefish]

My partner is permanently employed with same company for over 10yrs.
Each year she is given a new employment contract defining her pay and conditions and job description.

She already had pay reduction at year end and was told her contract and everyone else's would be reviewed again before year end. If her employer tries to cut her pay and conditions again and she does not accept and does not sign the contract where does that leave her?

Does that mean that she has essentially resigned, or does her employer still need to make her redundant if they want to let her go.

We are not sure how much hard ball she can play without disadvantaging herself in terms of redundancy rights. If they make her redundant she will be fine for a while, but she cannot afford to be seen to quit over pay and conditions and get nothing.

Any help???

 

[Complainer]

Is each contract a 1 year contract?

 

[3littlefish]

Each year she get a contract stating that it sets out the terms and conditions of employment offered by the employer for the Terms of EMployment (Info) act 1994, 2001

It set out the pay ans conditions for the calendar year and the job description and other issues like code of conduct, confidentiality clause etc

it states that after that period the package offerd is sibject to review in light of performance.

there is nothing about being temporary, or have the contract renewed. There is a section on dismissal and and termination of employment etc.

 

[gillarosa]

If she doesn't agree to take a second (or any) salary reduction they cannot go ahead and reduce her salary, if its done its then considered an unlawful deduction in salary. But only she knows where the mindset of her Employer is at in regard to how hard they may be willing to play hardball and if her decision may lead to dismissal or redundancy or just make day to day life for her very difficult. This annual re-issue of her contract does not really have standing in law, she was hired 10 years ago and is protected by statutory law regardless of what may be written on any contract, she is not re-hired annually I presume (unless there is a break in Employment annually or she is hired as a Contractor?) so it appears to be in some way an annual review put down on paper and for some reason trumped up as a contract. Also you stated that there was a salary reduction just prior to year end, therefore not part of the 'contract' she received this time last year. It sounds like a place where Management or HR may have a vague knowledge of employment law but a great knowledge of what they want from their staff and there is a strange marraige of convenience as a result. All I can advise is she weigh up what she wants and guage any possible reaction by her Employer against the decision she may make if a second salary reduction is proposed. Its not a great time to be unemployed either via redundancy or dismissal and its never a great time to be dealing with hassle or unpleasant feelings in the workplace.

 

[3littlefish]

Thanks for your comments, much appreciated and I'll show these to my partner.

Out of curiosity I have heard it siad that her employer has often left contracts review right up until a day before the salary payment is paid into an employees bank account and that once the salary is paid into your account that employee is deemed to have accepted it.

Is there any truth in that or is it just a bullying tactic?

 

[gillarosa]

I'm not an expert but I really don't think your bank account receiving what is a part payment of your agreed salary is accepting a paycut. You can put a call into the NERA helpline on 1890 808090, they will give you the legal status if you give them a brief outline of what is happening.

 

[mathepac]

... and that once the salary is paid into your account that employee is deemed to have accepted it...

That sounds like nonsense to me.

What happens if they had not applied a new tax credits certificate or had made a mistake in overpaying her gross salary? - by applying that logic, a mistake could never be corrected retrospectively, and the overstated gross salary or incorrect tax credits would stand forever.