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Notice Period for changes to T&C's

Hi All

 I was wondering if someone would be able to offer their words of wisdom.

The company I work is undergoing a period of vast change and has entered into a Strategic Alliance with another company. With this, we are amalgamating the board (which is confusing!) and staff. Along with this we are harmonising T&C's.

My question is in relation to the implementation of the harmonised T&C's. We have done the necessary consultation with staff and they have raised concerns, which we have listened to and have amended where possible. We need to get final board approval for the pay element (a complicated calculation but in some elements ties in the Essential Car Users Allowance which we are removing) which should be obtained next week.

My next task is to write to all staff to confirm the outcome of the consultation and to confirm what their new T&C's are. I understand that we need to give them appropriate notice (whichever is the most of notice in contract or 1 week for each year of service) and in our case the longest serving employee has been with us 8 years. The CEO wants these changes in place by the new financial year of 1st April. Realistically, if we wrote to staff the day after the board meeting, the earliest it coudl come into affect would be 12th April. He wants to know if you have to follow this notice period if you have written consent from staff that they would like the changes to take affect earlier. It would make it simpler if we could start from the 1st April because of the pay element otherwise we would need to start it part way through the month.

 Any advice gratefully received.

  • Mark

    | 243 Posts

    Associate

    19 Feb, 2013 16:37

    Hi Jenine


    My understanding for implementing a change to Terms and Conditions is that there isn’t a prescribed amount of notice to give for the change – unless you have a contractual clause that says as much?  There is statutory minimum notice for termination of a contract but not as far as I know for a change as you have described, so its more about reasonableness and consultation.


    Our contracts have a clause that states we basically reserve the right to change T&Cs if for the progression of the company.  Full consultation will be entered into before any changes are implemented and then one month’s notice will be given of the change(s).


    I think its acceptable to come to an agreement with staff to implement the change earlier if they are in agreement.


    Mark

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