Ageing drivers and driver shortage

Rjan:

kcrussell25:
Yes you need to raise a grievance against the change to your terms and conditions outlining the reasons for your issues. Do not sign the contract in case your grievance gets “lost”.

However now days there is an onus on firms to get these revised contracts signed to prevent future issues.

They should meet and explain the changes, why and what they want you to sign. If you refuse there is a couple more meetings and should you still refuse to sign you should be dismissed for failure to follow a reasonable instruction. At this point you decide if you wish to appeal (and sign the contract) or take them to a tribunal for unfair dismissal

Unless you’re describing a charade process in which the employer dismisses you unlawfully under a pretense, then I think there needs to be clarification.

There is a distinction between a change in the employer’s policies and practices, which may be written and which may also be changed from time to time at the employer’s behest, and a change in the binding terms of your employment which cannot be changed without your consent.

An employer can never “reasonably instruct” you to accept detrimental variations to your existing terms (although there may be circumstances in which they can effectively impose certain changes or else give you your notice if you refuse).

On the other hand, if an employer changes a written policy (which is not part of your terms) and directs you to acknowledge the change in writing, then they may conceivably dismiss you if you refuse. The signature in such a case is not the acceptance of a new contract (or a variation of the existing one), it is simply a written acknowledgement that you’ve been given the information by the employer - it is a reasonable instruction that you acknowledge receipt of such written information as the employer gives you from time to time.

It might not be obvious in all cases whether what the employer is proposing to change is merely a workplace policy, or whether it touches on your terms of employment.

But a deduction against pay for accidental damage is undoubtedly a change to the terms in my view, if no such right ever existed before.

Thanks chaps, both posts are useful.