Can a contractual change be forced on an employee during redundancies?

In the UK can a change to your contract of employment be forced upon you i.e. given the scenario of an employer trying to cut costs by possibly removing benefits, cutting hours or salary could an employee take the stance I will accept no contractual change you will have to make me redundant.

Also given redundancy can an employee request their contract is terminated on an agreed date, P45 etc.. and have the contractual notice period paid out allowing them to seek work instantly rather than being put on garden leave.

SimonC

A contractual change can never be forced on an employee, unless it is very minor. If an employer tries to enforce a change you have several options:
1. Accept the change and carry on. This can be implied, so if you continue to work without complaint you are deemed to have accepted the change.
2. Refuse to work to the new terms. The employer can take whatever action they think appropriate, but an employee refusing to submit to a change is not grounds for discipliniary action or dismissal.
3. Work under protest and sue for breach of contract.
4. Leave in protest, which would probably be deemed constructive dismissal allowing a claim for unfair or wrongful dismissal.

A dismissal will be unfair if the employer does not have a statutorily fair reason (under s98 Employment Right Act). Redundancy is a fair reason, but only if the employer's need for staff has diminished. So you cannot be made redundant just because you refuse to accept a change to your contract. However, and employer may argue that their need to employees on your old terms had diminished.

If you go into redundancy then you can attempt to agree a leaving date, and you can agree to accept payment in lieu of notice. But the employer could ask you to work your full notice if they want. Either way your redundancy pay (as opposed to notice pay) will not be affected.

Garden leave is more likely to be relevant if you resign and the employer does not want to in the office during your notice period. They ask you not to come in, but you are still contracted to them (and being paid) so they can ask you not to work for anyone else. If you are being dismissed, especially for redundancy, the employer cannot stop you from taking a new job once they have asked you not to attend, as this would be unfair to you.

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