Contract of Employment query
 

Can an employee who started work for a company in September 2004 and signed a contract of employment at that time, be expected to adhere to new rules introduced in March 2005?

i.e. Terms of notice was 1 month ,and the company are proposing to increase this to 3 months - can this be done and is it legally binding without the employee's consent?

He has to sign another contract IIRC

Not necessarily. I can be possible to unilaterally vary contractual terms of employment in certain circumstances.

I'm assuming that the notice provisions are intended to apply to all employees, and that it has been made clear that they will take effect for anyone employed both prior and subsequent to their implementation...

isnt the legal maximum notice period for employees one month?
if so wouldnt the new contract be illegal?
richie

have a look here http://www.dti.gov.uk/er/pay/contracts-pl810a.htm#4 for variation and here http://www.dti.gov.uk/er/individual/...07a.htm#rights for legal notice periods.
sounds like a good employer to me-not
richie

On an individual basis, it has to be mutually agreed by both parties (AFAIK).

The 3 month notice period has to swing both ways (IE they have to give him 3 months notice as well), or it could be deemed as invalid as it's an unfair contract term.

Thank you for the replies - much appreciated.

Richard

Yup, Bill is spot on :)

the important thing to remember is no matter what the contract states, the legal minimum notice period ie 1 week from employee to employer can be used-its up to you(assuming you are the employee)
richie

Em, no its not.

Its what the contract states unless the contract states less than the legal minimum.

If the contract says 3 months, then its 3 months.

oops well spotted i didnt read the top part of the page
in my defence i quote lack of coffee
richie

Don't sign it, I have just parted company from my previous company & I had a 3 month notice period & it was a real pain as they made me work it. I could of just walked out but I didn't want to burn my bridges as I may want to return someday ! If they try to get you to sign it just score out the 3 months and chage it to one month the initial it.

The problem is see is that when it comes a time to get a new job, you'll be in a pickle. What employer is gonna wait 3 months for a new chap to start when most people will be available in one.

In my experience a 3 month notice period can be negotiated down and normally is, for example if you are staying in the same line of work and moving to a competitor your current employer might well give you garden leave (i.e. paid holiday!) to stop any conflict of interest