Employment contract change questions

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We've been given 2 days to accept or reject a new contract...without being given the contract to read first. This strikes me as rather dodgy and makes me think that my employers are hiding something. If we don't accept the new contract (without having read it), we'll be penalised 2 days pay and it will be imposed on us anyway (after a pretend consultation, of course).

We have been told that there are two main changes in the new contract, but without any chance to read it we don't really know what changes have been made.

i) Switch from weekly to four-weekly pay, in arrears. So we'll lose 3 weeks pay until we leave the job (1 week in arrears to 4 weeks in arrears) and have to work those 3 weeks without being paid anything. This is obviously a problem for staff on very low wages, because of course we don't have that much money saved. I can borrow the money, so I can work around this change.

ii) Switch from a contracted hours to a contract without defined hours. So we have to work as and when required, with no guarantees. In effect, it makes us all casual workers. No definite number of working hours, so no definite pay. Maybe you can pay the rent next month, maybe not. Maybe you have to work every day this week, maybe you're not allowed to work any days this week. That lack of reliability is a worry when you're already poor.

It is theoretically possible to refuse to agree to (ii), but I'm not naive enough to think it's a real choice. The real choice is sign or goodbye. At best, refusing to sign means never having another pay rise unless you're on less than minimum wage.

The memo presented it in the usual patronising bull, pretending it will benefit us by allowing us a 3% pay rise and making it easier to fit monthly direct debits to pay (an obvious lie, as it's 4-weekly pay, not monthly pay). It's annoying to be patronised like that, but that's to be expected.

So my question is:

Are there any limits to varying employees' working days and hours that are imposed on employers by law?

The memo we were given gave none - complete carte blanche for our employer to vary them any way they liked from hour to hour without any notice. So it appears, for example, that they could make us phone every morning to see if they'll give us any work that day, or extend any working shift during that shift (e.g. you're told you're working 9-3 one day and at 5 to 3 you're told you have to carry on working until 11)...anything they like.

I need answers quickly, thanks to the 2 day limit imposed on us, so I can't go to the CAB or anything like that.
 
Phone a solicitor. Most will do a phone consultation very quickly, in some cases without fee.
Mine did, then I followed up with paid sessions.
 
Sounds dodgy as hell to me... Unless they've got an absolutely tiny number of employees they aren't allowing statutory consultation time for a start.
 
The first change sounds relatively reasonable. I certainly found it easier being paid monthly rather than weekly, mainly due to bills and rent coming out monthly although it was tough when it first changed due to the sudden lack of income!

The second change sounds far less reasonable and something I doubt many will be happy with, perhaps why they're trying to force it through which seems wrong to me.

Might be worth taking a look at the Directgov website http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116
 
We've been given 2 days to accept or reject a new contract...without being given the contract to read first.

I'd have thought at the very least that this would leave them very open to legal action, not that I'm doing anything other than guessing of course :)
 
They are dead in the water. If this memo was dated Friday and you must respond by Monday any Tribunal would call this as what it is. See a solicitor.
 
Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay) tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.

If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.

If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer. If you can't resolve the problem directly, you may need to take some kind of legal action.


Breach of contract complaint

If your employer tries to force a change in your employment contract without your agreement this will be a breach of contract. If you suffer a financial loss because of the breach (for instance your employer cuts your pay) you may be able to seek damages by making a claim for:

* breach of contract
* unfair dismissal if one of your statutory employment rights has been breached
* unlawful deductions from wages if your pay is reduced because of the change
* constructive dismissal if the situation is completely unbearable and you regard yourself as having been dismissed

Bear in mind that employment law is complex - you should take legal advice before resigning or taking legal action.

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116
 
Sounds dodgy as hell to me... Unless they've got an absolutely tiny number of employees they aren't allowing statutory consultation time for a start.

They have thousands of employees. It's a large company. I won't say how many, as giving any information online that might identify the company in a way that is not complimentary could get me sacked.

They will allow consultation, or at least pretend to. But it will cost each employee who wants it two days pay to have it. Since the "consultation" is meaningless (the king may consult with a peasant, but it doesn't mean the peasant's opinion actually matters) and we're already been forced deeper into debt by the loss of 3 weeks pay, I doubt if more than a handful of employees will pay for the facade of consultation.

I won't. It's a waste of time and money. If I don't agree, my employer will have someone talk rubbish at me for a while and then impose the changes anyway and it will cost me money I can't afford to throw away on wasting my time. So why would I do that?

I'm trying to find out if there are any limits imposed on my employer by the law after the changes in contract are imposed on me by my employer, not pretending that the changes cannot be imposed on me.
 
Are you a member of a union? If no try to find a relervent one they may be able to help you. Your next bet is a solicitor.
It looks wrong to me they should not be able to force you into a contract without giving you time to study it.
 
We've been given 2 days to accept or reject a new contract...without being given the contract to read first. This strikes me as rather dodgy and makes me think that my employers are hiding something. If we don't accept the new contract (without having read it), we'll be penalised 2 days pay and it will be imposed on us anyway (after a pretend consultation, of course).

They must give you reasonable time to READ any contract that they wish to impose. They CANNOT impose any financial penalty on statutory consultation.

We have been told that there are two main changes in the new contract, but without any chance to read it we don't really know what changes have been made.

i) Switch from weekly to four-weekly pay, in arrears. So we'll lose 3 weeks pay until we leave the job (1 week in arrears to 4 weeks in arrears) and have to work those 3 weeks without being paid anything. This is obviously a problem for staff on very low wages, because of course we don't have that much money saved. I can borrow the money, so I can work around this change.

You will not lose 3 weeks pay, you will simply get paid the 4 weeks pay at the end of the 4 week period. This is 4 weeks in arrears. You would however have to get through the 4 week period of course but most employers will consult with staff and implement this kind of change over several months.

ii) Switch from a contracted hours to a contract without defined hours. So we have to work as and when required, with no guarantees. In effect, it makes us all casual workers. No definite number of working hours, so no definite pay. Maybe you can pay the rent next month, maybe not. Maybe you have to work every day this week, maybe you're not allowed to work any days this week. That lack of reliability is a worry when you're already poor.

Without seeing the exact wording of the contract it is difficult to make any judgements on this clause.

In my opinon I would refuse to sign any contract without first reading it and being allowed a reasonable period of time to get consultation on it.

Any kind of imposition by you employer to enact these changes may well constitute a breach of your current contract and leave them open to tribunal proceedings.

It is theoretically possible to refuse to agree to (ii), but I'm not naive enough to think it's a real choice. The real choice is sign or goodbye. At best, refusing to sign means never having another pay rise unless you're on less than minimum wage.

No, you cannot agree to one part without the other unless you are negotiating the contract, which doesn't seem to be the case.

So my question is:

Are there any limits to varying employees' working days and hours that are imposed on employers by law?

The memo we were given gave none - complete carte blanche for our employer to vary them any way they liked from hour to hour without any notice. So it appears, for example, that they could make us phone every morning to see if they'll give us any work that day, or extend any working shift during that shift (e.g. you're told you're working 9-3 one day and at 5 to 3 you're told you have to carry on working until 11)...anything they like.

I need answers quickly, thanks to the 2 day limit imposed on us, so I can't go to the CAB or anything like that.


Get legal advice immediately, the 2 day limit is bogus and doesn't allow for proper consultation especially over a weekend. DO NOT sign this contract regardless of the 2 day docking of pay, docking your pay for refusal to sign a contract until you have read it would be grounds for tribunal and they probably know this.

Sounds like you need a union, what industry is it?
 
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they cant dock you 2 days pay for wanting consultation, isnt a consultation period set by acas code of practice to at least 28 days, If I was you I would speak to your union ASAP or contact an employment law solicitor, then take them to tribunal!

your employer is a complete ass by the way considering they employer 1000 people you would think they would have decent hr
 
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Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay) tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.

If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.

If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer. If you can't resolve the problem directly, you may need to take some kind of legal action.


Breach of contract complaint

If your employer tries to force a change in your employment contract without your agreement this will be a breach of contract. If you suffer a financial loss because of the breach (for instance your employer cuts your pay) you may be able to seek damages by making a claim for:

* breach of contract
* unfair dismissal if one of your statutory employment rights has been breached
* unlawful deductions from wages if your pay is reduced because of the change
* constructive dismissal if the situation is completely unbearable and you regard yourself as having been dismissed

Bear in mind that employment law is complex - you should take legal advice before resigning or taking legal action.

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

This is some of the best advice I've read on here in many a moon and it's spot on.

To add, if they dock two days pay then that's an "unlawful deduction from wages". An employment tribunal would take them to the cleaners over that + imposed contract changes.

Sounds like you need a union, what industry is it?

What? Unions aren't needed in this day and age due the the excellent and robust employment law we have. Besides, the advice you get from a union will probably be wrong anyway.
 
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What? Unions aren't needed in this day and age due the the excellent and robust employment law we have. Besides, the advice you get from a union will probably be wrong anyway.

I have never said that Unions are not needed, quite the opposite in fact.

The advice you refer to that you gave in a previous thread on holiday pay calculation was wrong as was pointed out and the chap in question was indeed paid the correct amount of hours.
 
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What? Unions aren't needed in this day and age due the the excellent and robust employment law we have. Besides, the advice you get from a union will probably be wrong anyway.

It's quite probably cheaper and easier to get decent advice from a Union than from the Intermaweb or wherever else you're suggesting he goes... CAB perhaps?
 
Employment contracts

All employees have an employment contract with their employer, although it might not be in writing. If you don’t have a written employment contract, your contract would have automatically been created when you started to work for your employer.
What is an employment contract?
An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract.


Your employment contract doesn’t have to be in writing. However, you are entitled to a written statement of your main employment terms within two months of starting work.

The employment contract is made as soon as you accept a job offer. If you start work it will show that you accepted the job on the terms offered by the employer, even if you don’t know what they are. Having a written contract could cut out disputes with your employer at a later date, and will help you understand your employment rights.

You and your employer are bound to the employment contract until it ends (usually by giving notice) or until the terms are changed (usually in an agreement between you and your employer).


The terms of a contract Notice pay Changes to employment terms Terms of an employment contract
The terms of your employment contract could be of several different types, some of which do not need to be written down. You should be aware of what the terms of your employment contract are, so that you understand some of your employment rights.

Employment contract terms Written statement of employment particulars
If you are an employee who has been working for your employer for longer than one month, you have the right to receive a written statement of employment particulars. This must be provided by your employer within two months of you starting, even if you are going to work for them for less than two months. The written statement will set out some of your main employment rights.

Written statement of employment particulars Contract to provide services
If you have a ‘contract to provide services’ or a 'contract for services' with someone, then this is different from an employment contract and generally means you are self employed.

A contract to provide services is an agreement between you and another person to undertake some work for them (for example paint their house). You do not become an ‘employee’ for this person - you just provide them with a service.

If you are a temporary agency worker you may be contracted with your agency under a 'contract for services'. Your agency, as an employment business, will be obliged to provide you with a written contract.


Using employment agencies Understanding your employment status What to do if you have a problem
If you have a problem you should first try to sort out the problem with your employer. You could contact the Advisory, Conciliation and Arbitration Services (Acas) for help, or visit the employment useful contacts section for other contacts. If you have an employee representative, such as a trade union official, they may be able to help.

If you cannot resolve the problem with your employer you may be able to make a claim to an Employment Tribunal (Industrial Tribunal in Northern Ireland).
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905

Employment contract terms

The terms of an employment contract set out what you and your employer can expect of each other. There are several different types and some do not need to be written down in your employment contract.
Where do contract terms come from?
Contract terms can come from a number of different sources; for example they could be:

verbally agreed
in a written contract, or similar document
in an employee handbook or on a company notice board
in an offer letter from your employer
required by law, for example, your employer must pay you at least the minimum wage
in collective agreements (see below)
implied terms (see below)
If there's anything in your contract that you're unsure about, or which is confusing, ask your employer to explain it to you.

It should be made clear what is a legally binding part of your contract and what is not. The legal parts of a contract are known as 'terms'.

If either you or your employer breaks a term of the contract, the other is entitled to sue for breach of contract.

Breach of contract Collective agreements
Employers sometimes make agreements with a trade union or staff association. These are know as 'collective agreements'. Your contract should make it clear which agreements apply to you and who can negotiate on your behalf. These agreements can apply to you even if you're not a member of the trade union or staff association.

Introduction to trade unions Implied contract terms
Implied terms aren't written down anywhere, but are understood to exist. If there's nothing clearly agreed between you and your employer about a particular matter, then it may be covered by an implied term. Terms are implied into a contract for a number of reasons.
Terms that are necessary to make the contract work
Terms can also be implied because they are necessary to make the contract work. The most important of these is the 'duty of mutual trust and confidence'. This means that you and your employer rely on each other to be honest and respectful. For example, your employer trusts you not to destroy company property, and you trust your employer not to bully you.
Terms that are obvious or assumed
Some terms are included either because they are so obvious that it is not felt necessary to write them down, or because it will be assumed that such a term exists.

An example of this might be where a contract provides for sick pay without saying how long it will be paid. It will be assumed that it is not intended to be paid forever.
Terms implied by custom and practice
These are specific to an employer or kind of work. They are arrangements that have never been clearly agreed but over time have become part of the contract.

For example, you might get a Christmas bonus every year, or the business might close early on particular days.

If a company practice has become a part of your contract then your employer must stick to it, and cannot normally change it without your agreement.

Changes to employment contracts Whether a particular practice has become a part of the contract can be very difficult to decide. There is no fixed time limit after which something is definitely part of the contract.

Among other things, it depends on:

how seriously it has been treated (has the employer acted like they have a choice?)
how clear it is (has the employer treated the matter differently each time?)
how long it has been in place
Can your employer change the terms of your contract?
Generally there must be agreement between you and your employer in order to change a contract.

Changes to employment contracts If your employer is bought by another company, or moves to a new location, your existing terms and conditions should continue. However, the new owners should give you an amended written statement in their name.
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037109

Changes to employment contracts

Sometimes it's necessary to change the terms and conditions of an employment contract. Find out why your contract might be changed, what your rights are and how to avoid or resolve problems in making these changes.
The employment contract
An employment contract is an agreement between you and your employer, outlining both sides' rights and duties. If you haven't already done so, you might find it useful to read about employment contracts.

Employment contracts What or who can change a contract of employment?
Either you or your employer might want to change your employment contract. However, neither you or your employer can change your employment contract without each other's agreement. Changes should normally be made after negotiation and agreement.

Changes to employment contracts could be made by:


agreement between you and your employer

collective agreement - this is a negotiation between your employer and a trade union or staff association

implication - that is through a change in long standing custom and practice (for example if your employer allows all employees a day off each year for New Year's Eve)
If a collective agreement makes a change to employment contracts, the change will still apply to you even if you are not a member of the trade union or staff association.

Reasons for changing an employment contract
An employer's need

An employer sometimes needs to make changes to working practice because of economic circumstances. The business may need to be reorganised, moved to a new location, or there may need to be changes because of new laws or regulations. Things that might change include:


rates of pay

working time (for example, longer or shorter hours, different days)

your duties and responsibilities

the duties and responsibilities of your immediate boss

the location of where you work
Your employer might need to make a change to correct a mistake in drawing up the contract. Depending on the situation, it might be in your best interests to allow the mistake to be corrected.

In some circumstances, action like a demotion or a pay cut might be authorised as a disciplinary measure. Check the disciplinary procedure to be sure.

Disciplinary issues at work Employees' need
Employees might also ask to change the terms of their contract. For example, you might want:


better pay (you don’t have an automatic right to a pay rise, unless it’s in your contract)

improved working conditions

more holiday

different working hours

to work flexible hours

to work part-time

Who can request flexible working? Holiday entitlements: the basics Part-time work Flexibility clauses
Your employment contract may include 'flexibility clauses'. These give your employer the right to change certain conditions (for example, shift patterns) or there may be a 'mobility clause', allowing changes to your job location.

A flexibility clause that is vaguely worded - for example, 'the employer reserves the right to change terms from time to time' - cannot be used to bring in completely unreasonable changes. This is because there's an 'implied term of mutual trust and confidence' in all contracts that requires the employer not to act completely unreasonably. There is more information about implied terms in the 'Employment contract terms article'.

Employment contract terms Do changes have to be in writing?
Agreed changes don't necessarily have to be in writing. However if they alter the terms in your 'written statement of employment particulars', your employer must give you another written statement showing what has changed within a month of the change.

Written statement of employment particulars What to do if you want to change your contract
If you want to make a change, speak to your employer and explain why. You can't insist on making changes unless they're covered by a statutory right (for example, opting out of Sunday working or the 48-hour week). You might be able to apply to change your hours under flexible working rights.

Who can request flexible working? Sunday work Working time limits (the 48-hour week) If your employer wants to change your contract
If your employer wants to make changes, they should

consult you or your representative (for example, a trade union official)
explain the reasons why
listen to alternative ideas
Changes can be agreed directly between you and your employer, or through a 'collective agreement' between your employer and a trade union. This might be allowed by your contract even if you're not a union member.


Disagreeing to changes in your employment conditions

Sometimes your employer will want to bring in a change to your contract that you don't agree to. Find out what your rights are if that is happening and how you can raise your complaint.
What if you and your employer don't agree?
If you don't agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure. They may have to follow a collective redundancy consultation process if they plan to do this to a group of employees.

If this situation happens in your workplace, you should contact the Advisory, Conciliation and Arbitration Service (Acas) or another advice service from our contacts pages for further guidance.


Advisory, Conciliation and Arbitration Services (Acas) Opens new window Employment contacts If you don't accept the new contract - or if you've accepted the new one but feel there was no good reason for ending the old one - you have the right to make an unfair dismissal claim provided you've at least one year of continuous service with your employer. You may also be able to claim redundancy if you have at least two years service.

If there is a sound business reason for the change, and your employer has properly consulted you and looked into any alternatives, you could find it difficult to win your claim.


Unfair dismissal Entitlement to redundancy pay What you can do

Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay) tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.

If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.

If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer. If you can't resolve the problem directly, you may need to take some kind of legal action.


How to resolve a problem at work Breach of contract complaint
If your employer tries to force a change in your employment contract without your agreement this will be a breach of contract. If you suffer a financial loss because of the breach (for instance your employer cuts your pay) you may be able to seek damages by making a claim for:

breach of contract

unfair dismissal if one of your statutory employment rights has been breached

unlawful deductions from wages if your pay is reduced because of the change

constructive dismissal if the situation is completely unbearable and you regard yourself as having been dismissed

Bear in mind that employment law is complex - you should take legal advice before resigning or taking legal action.
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116


haved a read through that lot
 
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