Signing new job contract

[jackthehat]

Could I please ask that I could be given the answers directly on this forum rather than being directed via a link elsewhere ?

My friend has been working for a local KFC franchise for the past 18 months and signed a contract with the franchisees when she commenced work.

This particular outlet was bought over about 8 months ago and the new 'owners' brought with them a new contract/terms and conditions. All the newer staff have signed this contract and several of the older staff have also signed. The remaining staff are expected to sign this new contract within the next two weeks.

If they do not sign they will have their employment terminated. However, this new contract reduces the benefits to the staff - 30 minutes break reduced to 20; the removal of a further 10 minute break in the day; loss of payment over Christmas/Easter period, etc.

Where does my friend stand on this legally ? If she doesn't sign, can they dismiss her ?
If she does sign, does this mean that she's back to being a 'new' employee and loses they security that having worked for 18 months has given her ?

As she works 8 hour shifts typically 10 - 6 what breaks is she entitled to under law ?

Thankyou

[auzzie]

You can't just give a straight answer on this sort of thing. You need to contact ACAS who are a mind of information and will advise accordingly.

[froggequene]

http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002807 9

This link gives a number for ACAS, it also gives the same advice I would, call your local Citizen's Advice Bureau

[lady_p_gold]

I suspect that as long as they are working within legal limits regarding breaks and health and safety etc. that your friend will just have to accept the new terms. However as suggested she needs to contact ACAS and find out exactly where she stands.

[antiguru]

Answers by paragraph;

1) links are offered to give you fuller help and so respondents can demonstrate that their answers are fact not opinion.
3) It is likely your friend�s terms were protected by TUPE (put it into Google to find what it is), which typically ceases after 3 months, so what the franchise are doing sounds legal to me. But they ought to have offered statutory notice to make the change (which if she's weekly paid they have) and if the terms are significantly different, possibly redundancy as an alternative. With less than 2 years service your friend does not qualify for a redundancy payment, so don�t get excited by this one.
4) Signing a contract is a complete misnomer. If she continues to work for them past the effective date she will have be deemed to have accepted the terms. So no, if she refuses to sign it doesn�t matter. Her only way of �refusing� is to withhold her labour, which is effectively resigning.
5) Under working time regulations she is entitled to 20 mins break because she is working 6 hours or more.