Working under protest is a very familiar term to many people in the UK. What isn’t so well understood is the legal procedure it refers to, and the protections it offers under UK employment law.
At times when changes are being made in the workplace, usually to the terms and conditions of employment contracts, working under protest can be used as part of the resolution process.
What is Working Under Protest?
Working under protest describes a situation where an employee continues to work in their role during a dispute about their employment terms and conditions.
This will usually happen when there has been a change to an employee’s contract or working conditions that they disagree agree with.
Contract Changes & Employment Law
Employers may propse altering the terms and conditions of employment contracts to meet their business needs. These must be agreed by all parties.
When an employee does not agree to the proposed changes, they can inform their employer they’re working under protest. This gives extra time for negotiation, and allows employees to protect their rights under UK employment law.
If an employee doesn’t make a formal declaration that they don’t accept the changes, it can lead to them being deemed to have accepted the changes by default.
Situations Where You Might Work Under Protest
There are several situations where you might find yourself having to declare you are working under protest after a proposed change to a work contract.
- Changes to employee’s pay structure. This could be where an employer wishes to reduce pay, overtime payments, holiday or sick pay, or any bonus schemes.
- Reduced or increased hours. Reducing hours will mean less pay which may be problematic for the employee. Or they may be having to work more hours which they cannot commit to. It could be that their start and finish times are changing or other changes which affect the hours worked.
- A change to the employee’s role and responsibilities. Staff might be given additional roles they do not want. They might be given a new role altogether and it is not something they agree to.
- A move to a new department. Employees have the right to work under protest if they have been moved from one department to another. You might be moved to a different building or even a different location.
- Changes to holiday or sick pay terms. It is important to know your rights as an employee when it comes to sick and holiday entitlements.
- Reducing or stopping bonuses or other incentives.
How to Work Under Protest
Working under protest is a formal grievance and must be approached professionally. Simply telling someone in passing is not enough to protect your employment rights.
Your workplace may have a policy which lays out the process for working under protest. If not then do not worry, we list the steps below.
- First of all, read the proposed changes carefully to make sure you do not agree with them. Sometimes change is scary and people react defensively rather than logically.
- When you are 100% certain you do not agree with the new proposals, you should write a letter. This letter should have the title “Working Under Protest” along with your details and reasons for this.
- This letter should be written and sent as soon as possible.
- At the time of sending the letter, you might be asked to have an informal chat with your boss. Sometimes these things can be sorted out amicably with a little give and take. You will be given an amended contract to sign and agree to.
- When no agreement can be reached, make it clear you are working under protest. You cannot do this indefinitely though so it is vital decisions are made.
- You can take things further if no decision is reached. This can involve raising another grievance or claiming unfair dismissal if things escalate further and you feel you have no option but to resign.
- During each stage of the process, you should keep records of events. they may need this at a later date.
Working Under Protest Letter Template
Ideally, a working under protest letter needs to be succinct and without too much waffle. Do not use the letter as a chance to vent about everything you are unhappy with. Keep it factual and relevant to the cause.
It can be tricky to get the balance right between not enough detail and too much, so we have devised a letter template below:-
Employer Details
Employee Details
Date
WORKING UNDER PROTEST LETTER
Dear Sir / Madam,
This letter is to advise you that I am now officially working under protest since the terms of my contract were changed.
My old contract stipulated that (insert relevant information).
My new contract now stipulates the following changes (insert relevant information).
This letter is to make you aware that at the time of writing (insert date), I do not agree to the following change(s).
(List the changes here).
I do not agree with these changes for the following reasons:
(insert reasons).
This letter is a formal grievance letting you know I will continue to fulfil my role but from now I am working under protest. I wish this matter to be dealt with quickly and efficiently to avoid further action.
I’d be grateful to hear from you at your earliest convenience so we can discuss my contract. I would also like confirmation that you have received this letter.
Kind regards.
Your Name
Communicating With Your Employer
Once you have issued your employer with your letter of protest, you should keep checking in and reinforcing your disagreement.
If you submit a letter when you first disagree, then never mention it again, you may be deemed to have agreed to the new terms and conditions by default.
You can write more than one letter of protest. It may be appropriate to send one each time you are paid.
How Long Can You Work Under Protest?
There is no legal timeframe for working under protest, although it should usually be a short term measure.
This will happen in the instance that a solution is found and agreed upon by all parties. It can take longer if no compromise can be reached. The matter should try to be resolved as quickly as possible.
However, it will depend on the circumstances involved, such as:-
- The nature of the protest.
- Company policy and how their grievance procedures are conducted.
- The outcome of any meetings and any talks held in the interim.
- Whether or not a solution is found.
If You Can’t Agree With Your Employer
If your negotiations with your employer fail, and you cannot come to an agreement about the changes to your contract, you may wish to take further action.
Should you wish to keep the option to take your employer to a tribunal, you have 3 months less one day to file a claim.
Below are some common grounds on which employees can take their employers to tribunal for after failed contract negotiations.
Breach of Contract
Employees can go to tribunal on the basis that their employer has breached their contract.
It is always best to get legal advice when taking this route to check you have a good case first. Sometimes employers add a variation clause which means they can make changes as they see fit.
Unlawful Deduction of Wages
The Employment Rights Act of 1996, protects workers from having unlawful deductions to their pay. Employees who have had their pay, or other entitlements reduced, can claim on these grounds.
This is a fairly complicated process, especially when employees have been working under protest. It involves going to an employment tribunal to argue your case. The outcome will depend on the set of circumstances and what the contract says and the clauses it presents.
Discrimination
An employee can pursue a claim of discrimination if they have clear evidence of this. Working under protest can open this door for you if you have followed the correct procedures.
You will need to be able to demonstrate how you have been discriminated against. This means looking at your new contract and why you feel discriminated against now.
Some employees have “protected characteristics” as laid out in the Equality Act (2010) which will help argue such cases.
Unfair or Constructive Dismissal
Employees have the opportunity to claim unfair or constructive dismissal when a contract has been changed and not agreed upon. This can be a very difficult process.
It is an option though if you feel you were pushed out after not agreeing to the new terms of your contract.
You should keep all evidence of correspondence you had with anyone concerning your working under protest. You should then seek legal advice.
Disciplinary Action
Employees will often worry about disciplinary action they may face while working under protest. It could lead to further escalation if no solution can be found.
One of these is being dismissed from the workplace. This can be done providing the employer can demonstrate they have tried everything to resolve the issue.
Employers may also explore the avenue of firing and rehiring. This essentially means they fire the employees who are working under protest following the company procedure. Then they will take on new staff under the new contract terms.
FAQs
You cannot be sacked for working under protest in the first instance. Employers must try and negotiate any changes with their employees. Failure to do so can potentially lead to employees being dismissed.
Working under protest involves working under new conditions but without agreeing to them. Strike action involves refusing to work on an agreed date to show disapproval of the new terms.
