Does everyone have work contracts? Who do they really benefit?

Things change I've changed

Things change I've changed

Things change I've changed

Soldato
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I've never had to sign a work contract before, been working at my current company for over 20 years, now my boss has a new business partner and he wants everyone to sign work contracts, ok, no problem, but reading through the contract nothing in there is for my benefit at all, not one thing.

There is lot's of stuff I'm pretty uncomfortable with, for example, they have the right to search me and my possessions, and my vehicle regardless of whether it's on their property or not, I have to agree to work more than the legally recommended 48 hour limit, if I'm off on sick leave they have the right to force me to be checked over by their own doctor, I have to give three months notice of termination, I am not allowed to work at any other place of business unless agreed upon, the list goes on, is this normal?

Reading through the contract is really depressing, It just makes you feel like you have no rights at all.
 
Your employer has probably just used a template employment contract. Start a dialogue and explain what parts you disagree with and I'm sure they will be open to negotiation.
 
Pretty sure they can't include opting out of the EU working directives as part of their basic employment contract
 
How disposable are you? You need to hold some of the cards to negotiate, you've been there for 20 years, you must have quite a lot of knowledge they need?

Bring it up and say what you're uncomfortable with, if my boss said to me "I'm searching your vehicle" I'd tell him where the **** to go, I pay for it with my money, it doesn't affect him.


e; I just spoke to a family member I'm sat opposite regarding this, their input was "If you work in retail these are quite common and are only used if you are believed to be stealing money and/or goods"
 
Some of those clauses sound really dodgy. It's always good to have a contract, for both parties, for clarity on things like notice periods, but your employer's one sounds shocking from what you've said!
 
Surely after working there for 20 years you have some sort of implied contract. Signing something now could make you look like a new employee on paper with limited rights.
 
Ummmm, if it's not standard fare then I guess I'll have to go back to him to try and renegotiate it.

LeeUK said:
Surely after working there for 20 years you have some sort of implied contract. Signing something now could make you look like a new employee on paper with limited rights.
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It includes a 'commencement of work' section so I think it also counts my previous years employment.
 
Several of those terms atleast as you've conveyed them wouldn't stand up in law.

Notice of termination should still be reasonable - a management position 3 months notice might be reasonable - if you are a part time warehouse operative not so much.

Limiting your options for working elsewhere isn't unusual - depending on the requirements of your role.
 
If you don't have a contract of employment then what's to stop them dismissing you at any given moments notice?

At the very least signing you a contract give you basic employment rights. I'd call that beneficial.
 
Rroff said:
Several of those terms atleast as you've conveyed them wouldn't stand up in law.

Notice of termination should still be reasonable - a management position 3 months notice might be reasonable - if you are a part time warehouse operative not so much.

Limiting your options for working elsewhere isn't unusual - depending on the requirements of your role.
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We had this conversation with our HR Consultant and they said that we could put it in but it wouldn't stand up unless extreme circumstances.

3 Months notice seems usual, last I checked I think mine was double that :eek:
 
lowrider007 said:
I have to agree to work more than the legally recommended 48 hour limit
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You don't have to.

if I'm off on sick leave they have the right to force me to be checked over by their own doctor
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Invalid clause. They can only refer you to occupational health. It's up to you whether to submit to an examination by a doctor of their choosing.

I have to give three months notice of termination
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Unenforceable clause. You can leave whenever you want. They could theoretically sue you for damages if you gave less than the expected notice period, but I have NEVER see a successful case in relation to this.

Reading through the contract is really depressing, It just makes you feel like you have no rights at all.
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That's how they want you to feel - don't fall for it.


What has your union said about the contract?
 
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3 months notice is the norm but you get to negotiate that when you want to leave, they will often only want 1 month or time to fins up a project or whatever. Of curse slavery is illegal so they can't enforce it but if you don't work your notice period then you have broken the contract and thus other obligations of their they don't need to uphold.

Non-compete is also the norm and it makes sense, dont want people working so many hours at another company that they get too tired to function properly in their main job. Let alone IP issues. Then there is stuff like what if you other employer wants you to work overtime at the same moment your main employer needs you to stay in late and help finish of an important deadline. It just generates conflicts of interest and it bad for everyone so in general not allowed, but you are always free to negotiate specific request. E.g., maybe you want to work saturday mornings at a local bike shop, good chance you main employer wont mind etc.


As long as the UK remains in the EU then you can't be forced to work more than 48hours without opting out, and you can't be forced to opt out of the working time directive. However, this doesn't preclude occasional period where additional work hours are required to hit deadlines. Most contracts will say when exceptional circumstances arise you will be required to work longer than the contracted hours. This is perfectly normal and legal.

lowrider007 said:
I've never had to sign a work contract before, been working at my current company for over 20 years, now my boss has a new business partner and he wants everyone to sign work contracts, ok, no problem, but reading through the contract nothing in there is for my benefit at all, not one thing.

There is lot's of stuff I'm pretty uncomfortable with, for example, they have the right to search me and my possessions, and my vehicle regardless of whether it's on their property or not, I have to agree to work more than the legally recommended 48 hour limit, if I'm off on sick leave they have the right to force me to be checked over by their own doctor, I have to give three months notice of termination, I am not allowed to work at any other place of business unless agreed upon, the list goes on, is this normal?

Reading through the contract is really depressing, It just makes you feel like you have no rights at all.
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I think you are confused about what work contracts are for.



If you have a lot of concerns and want a contract that clarifies benefits for you then you can write your own and give it to your employer to accept, just like negotiating salaries, benefits, holiday allowance etc. If you are expendable just don't expect much beyond statutory minimums. For example you might have a 30 day notice of termination but you could negotiate that to 60 days or whatever. You might have to accept a lower salary to enhance your working contract.
 
Rroff said:
A lot of companies take the mick with it - for someone in a senior position it isn't unreasonable to have a much longer period.
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I think they'd struggle to replace me in a short period of time to be honest. Would probably take 3 months of just training a replacement.
 
You need to invest some time with a lawyer that specialises in employment contracts. But before you go, prepare yourself thoroughly - they're expensive. Look at the contract and think about what it gives you and what you need. Things like:

What notice do they need to give you?
Holiday entitlements.
Sick pay - regular salary or SSP?
Maternity / paternity leave?
Pensions?
Etc

Best of luck!
 
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