Change to contract

ibarelycare

The company I work for merged with another company on 1st October. They're in the process of issuing new contracts to everyone at the moment. I received mine a few days ago and saw that the notice period has extended from 1 month to 3 months. I queried this and was told it's the industry standard for management and above. I know that changes in the contract must be agreed between the employer and the employee, but what happens if I refuse to sign it?

It's also relevant to note that I was promoted to manager on the date of the merger, so I'm aware that this can result in a change to the terms and conditions of my employment, but it was not discussed at the time. However my colleague who is a manager, and whose role has not changed since the merger, has also received this new 3-month notice period on her contract and is also not happy to sign.

Just to note, I'm aware that it's highly unlikely that our employer would ever pursue us for breach of contract if we gave less than the contractual notice required, but I would be concerned about losing out on a reference.

Any advice/insight?

purpur1

ibarelycare wrote: »

The company I work for merged with another company on 1st October. They're in the process of issuing new contracts to everyone at the moment. I received mine a few days ago and saw that the notice period has extended from 1 month to 3 months. I queried this and was told it's the industry standard for management and above. I know that changes in the contract must be agreed between the employer and the employee, but what happens if I refuse to sign it?

It's also relevant to note that I was promoted to manager on the date of the merger, so I'm aware that this can result in a change to the terms and conditions of my employment, but it was not discussed at the time. However my colleague who is a manager, and whose role has not changed since the merger, has also received this new 3-month notice period on her contract and is also not happy to sign.

Just to note, I'm aware that it's highly unlikely that our employer would ever pursue us for breach of contract if we gave less than the contractual notice required, but I would be concerned about losing out on a reference.

Any advice/insight?

Hi there. From an employers point of view, they have decreased their risk should you wish to leave, but they have also increased your protection and their liability should they want you to leave. So your terms would be considered to be upgraded. I am presuming you are not in a union, so refusal to accept new terms in the private sector goes one way usually. However its useful to know that only an employer legally has to sign an employment contract - not both parties. You can adopt the custom and practice rules - which is your issued contract - without signing. It is only good practice to have both parties sign the statement of employment.
In truth, the majority of reasonable employers regret lengthy periods like this as it ends up costing. If you handed in notice tomorrow, they may send you on garden leave as a 3 month departure is unbearble for all.

ibarelycare

I don't think gardening leave is something that would happen in my role, or even within the firm (I haven't seen it happen in the 5 years I've been here).

It's likely enough that I'll be job hunting in the next year or two so that's why it's a concern. I was offered another job earlier this year but my employers counter-offered with a competitive package and a promotion so that convinced me to stay, but I still can't see myself staying for more than another couple of years.

I guess there's not much I can do. It does seem to be industry standard at the moment. Thanks for the info!