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Author: Subject: Employment contracts
big_wasa

posted on 2/4/12 at 05:16 PM Reply With Quote
Employment contracts

My work has given us a new contract to sign with our last pay packet. There are bits we don’t like what can I / we do about it ? Are they legal ?

We have a £30 no damage bonus that they will now hold collectively and pool annually giving us anything left. Fat chance. So that’s a £360 / year pay cut. This is the least of my worries.

The main Three.

They can lay us of with out pay or notice as they see fit. Our job has a slow period over the summer. We currently are guaranteed 8 hours. If we are slack we grab a brush or even a paint brush and put the 8 hours in.

We can not work for a competitor for 6 months up on leaving.

The contract is valid whether we sign or not after 30 days.

They are cost cutting and then some

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perksy

posted on 2/4/12 at 05:41 PM Reply With Quote
How many employees are affected ?
(this will determine the notice period they have to give on the change)

Are any of you members of a union ?

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perksy

posted on 2/4/12 at 05:44 PM Reply With Quote
*If* your not in a union its worth speaking to either ACAS or your local citizens advice

http://www.acas.org.uk/index.aspx?articleid=1461

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big_wasa

posted on 2/4/12 at 05:46 PM Reply With Quote
No union and I would guess ~35 of us split over 6 small depo's
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Ninehigh

posted on 2/4/12 at 05:52 PM Reply With Quote
You can always not agree to the contract and be made redundant.

But also check over the legal side of things like notice. Despite what employers think the law overrides anything in the contract.






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perksy

posted on 2/4/12 at 06:11 PM Reply With Quote
Have a read here

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116


and here for the employers thinking...


http://www.fpb.org/hottips/452/Changing_terms_and_conditions_of_employment.htm



Definetly Take advice on this one from ACAS to start with

Be careful of claiming constructive dismissal as i've seen this one thrown out a few times at tribunal : (

Contracts can be changed but the employer must follow procedure

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motorcycle_mayhem

posted on 2/4/12 at 06:24 PM Reply With Quote
This happened to me recently. Essentially, if you aren't part of a union, or you're not in a non-job (i.e. I assume you're not a 'Public' employee), there seems little you can do.

My employer as of 1st Feb. 2012 decided that no sick leave would be supported, so it's statutory now after 3 days. On the same date, a 20% pay cut (down to the minimum wage for me, nice) was enforced.

The only thing that has required 'notice' or something laughingly called 'consultation' has been redundancies. Basically, you're told 30 days before a list of names is read out.

This, unfortunately, is the private sector. Unfortunately it's shrinking fast (so is it's contribution to filling the public debt chasm), so it can, and is, having to act is some pretty unsavoury ways.

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JoelP

posted on 2/4/12 at 06:46 PM Reply With Quote
I was under the impression that they cannot just change your contract, they must offer redundancy as an alternative. In reality they fold your current job and offer you a new one with a new contract.






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mookaloid

posted on 2/4/12 at 06:57 PM Reply With Quote
If they do make you redundant European Law would make it impossible to enforce the 'not working for a competitor' thing for 30 days never mind 6 months





"That thing you're thinking - it wont be that."


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Ninehigh

posted on 2/4/12 at 07:06 PM Reply With Quote
quote:
Originally posted by mookaloid
If they do make you redundant European Law would make it impossible to enforce the 'not working for a competitor' thing for 30 days never mind 6 months


Once you leave the contract's ended. When it ends it's unenforceable.

From what I understand (and this was in missus's last contract) unless you're dumb enough to announce that you're leaving for a competitor they can't do squat






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big_wasa

posted on 2/4/12 at 08:01 PM Reply With Quote
Thanks for the links Perksy and others.

I cant take a gamble on asking to be made redundant.

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