An open letter to all HGS UK employees, In December 2013 this company sneakily changed the employment contract of EVERY single person employed by HGS UK Ltd at the time. HGS UK HR guy Conway Crosson under the instruction of Nick Stein informed ALL MANAGERS of this by an email sent @12:49pm on 24th December 2013. CHRISTMAS EVE!!!!!! for goodness sake……. Such an underhand move…... …. Just an aside NICK STEIN in his role as Site Director has done more than any other HGS executive in attempts to erode your employment rights by stealth meaning the act of moving, proceeding, or acting in a covert way. …. ok The terms and conditions were revised and updated without without prior consultation with, or agreement by, any employees. ***** How could there be they changed it on the afternoon of Xmas Eve when most people were either away from work or in a holiday mood.***** Then they placed the burden of communicating these changes on Team Managers, because most agents do not even have access to email. OK here’s the drop!!!! A CHANGE in the company handbook policies is equal to CHANGE in the terms of condition of employment, which in turn is equal to a CHANGE in you employment CONTRACT. The company needs to formally notify you in advance of ANY proposals to change your contract. You have to be consulted beforehand, and given a chance to discuss any issues relating to the proposed change(s). You have to give agreement to the change i.e. signed amendment or addendum to your contract, or confirm you agree to the new terms and condition. THE COMPANY DID NOT DO ANY OF THE ABOVE!!!! This ALONE is in breach of employment law. Call ACAS they will tell you. What this amendment does is give the ‘right’ for the company to dismiss you and terminate your contract immediately if they no longer require your services, through i.e. redundancy, by giving you a payment in lieu of notice (PILON). PILON means that they pay compensation for terminating you contract immediately. However the problem is that (unless you have been sacked for gross misconduct) European Employment or Civil law states Employers are NOT allowed to dismiss you by terminating you contract immediately (unless it’s written into your contract therefore have AGREED to this clause!!!!). OTHERWISE to do so is a BREACH OF CONTRACT LAW. Therefore to avoid complaints of wrongful dismissal. HGS should compensate you for terminating your contract immediately by paying you ALL monies you would have earned if you were allowed to work your notice. This is paid as compensation because they have breached your contract, therefore is NOT taxable up to £30,000!!!! (NOT wages which is taxable) This is why I advised on my first post about this company they OWE ME MONEY!!. Because when I was made redundant (as all the other TM’s were in my group) they terminated our contracts in breach of our terms and conditions we agreed to AT THE TIME we signed our contracts. Their legal team recognise this. However they obviously rely on affected employees not following through or not doing their homework on employment law. An employer cannot amend terms and conditions without your agreement. This means that my redundancy payment was not paid correctly. One of the reasons I’m at tribunal. HGS have breached my contract because by CIVIL LAW you have the RIGHT TO BE GIVEN NOTICE by your employer. Any attempt to dismiss by redundancy should only relate to terms and conditions you acknowledged to at the time you signed your contract. HGS do not have a clause to dismiss by PILON in any contract prior to their now exposed attempt to amendment of the terms and conditions in December 2013 If you are a long term employee and have transferred to another campaign, this year. On any revision or amendment your existing contact at the time of the transfer, your terms and conditions of employment have been changed without you being aware of the implications. Long term employees should NOT agree to any change of their contract without checking whether there have been changes to their terms and conditions of employment. The difference to your redundancy pay can be quite substantial for longer term employees if they don’t find out where they stand regarding this. FOR ANYONE EMPLOYED BEFORE 2011 THIS COMPANY DOES NOT HAVE THE RIGHT TO TERMINATE YOUR CONTRACT IMMEDIATELY, UNLESS THEY PAY YOU FULL COMPENSATION!!!!! THIS COMPANY SEEMS TO MAKE UP IT’S OWN RULES AS THEY GO ALONG. KNOW YOUR EMPLOYMENT RIGHTS!!! Because everybody everywhere is suffering similar problems with companies who get away with exploiting their employees. ITS THE SIGN OF THE TIMES........
Posted on: Fri, 17 Oct 2014 08:28:29 +0000
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