Know Your Rights

Lots of people from South Lanarkshire have been in touch in recent days - not just over Equal Pay or how to raise a claim - but about possible changes to people's pay,  conditions of service and their contracts of employment.

What I would say to someone in this situation is, firstly, don't be pushed around and, secondly, seek proper advice - because no employer can just tear up your contract of employment and impose changes agaisnt your will - not without proper consultation.

So, I thought I'd re-publish a post from a few weeks ago which sets out some basic steps for anyone to follow - who is in a situation where local managers start trying to throw their weght around.   

Workers' Rights (26 April 2013)


A number of readers have been in touch recently - from South Lanarkshire, Glasgow and Clackmannanshire, for example - to say that their employer is trying to change people's contracts of employment - but without any consultation or agreement with the individuals concerned.

Now the first thing to say is that employers are not allowed to behave in this way - if an employer wishes to change a worker's contract of employment - they have to consult with that person, explain the reason for the proposed change - and seek their agreement in advance.

Implicit in that process is the fact that the individuals concerned must be given the time and opportunity to seek independent advice.

If the proposals affect a goup of workers, the local trade unions will probably be required to be involved in the consultation process - certainly where the issue involved is about collective bargaining and is not restricted to just one individual.

Now sometimes the trade unions can be part of the problem, of course - especially if they are too close to the management or the employer - and that has been a common complaint over the years when it comes to dealing with the issues surrounding equal pay, for example.

But if that is the case, then all is not lost - because individual workers still have rights and people don't necessarily need a trade union to enforce these rights, if push comes to shove.

So, if you are being pushed around at work or even being bullied into accepting changes to your contract of employment - the best thing to do is to: 

1. insist on a written explanation of any changes that are being proposed
2. demand sufficient time to consider whether the changes are reasonable
3. respond in writing and set out your views on the management's proposals
4. if changes are introduced with your agreement and consent - put your objections in writing and make your disagreement very clear
5. seek proper advice from your trade union or elsewhere - and don't be fobbed off by some local jobsworth - ensure you speak to someone who knows what they are talking about.