hoe does that work???

[bartkusal]

After 7.5 years of employment I received form to sign to the amendment of contract, so basically all that nonce, that employment is better than self-employed in regards stability is down the window. Below is cut out of amendment. Not sure how is this ok???

The undernoted amendments have been made to your terms and conditions of employment. The amendments are applicable with effect from 13[SUP]th[/SUP] July 2013.

The following clause has been added in your contract of employment:

Short-Time Working and Lay Off:
The Company reserves the right to introduce short time working or a period of temporary lay off without pay (with the exception of any statutory entitlement) where this is necessary to avoid redundancies, where work cannot be performed due to exceptional circumstances, or where there is a shortage of work.


Acknowledgement:
I acknowledge receipt of this statement and I confirm that I have read and understand it.

 

[Darkwood]

Talk to your union

 

[Geoffsd]

If not a legally enforceable part of the contract the employer can insert whatever clauses he wants, within reason.
I do not see the need for this addition. Isn't it obvious?

After all, without being unsympathetic, do you expect to be paid forever if there is no work?

Your contract of employment is written by the employer.
By working there you agree to the terms.

I don't think you actually have to sign it but things may have changed since I was involved in such things.

 

[Engineer54]

Talk to your union

That's the problem these days, there aren't any unions in most workplaces now, except maybe the very big companies. Employers can now and often do, treat loyal employee's as a throw away commodity....
His best advice these days, is to check where he stands with the Citizens Advice!!

 

[Darkwood]

Unions also advice ..i wasn't meaning stir up tensions and have a legal battle field just give them a call for advice ...if any additional clause is added to any contract it still has to be fair and used in the circumstances that it is intended as long as this dosn't breach the basic rights of the employee... i.e. they could only use this clause if it genuinely is to limit redundancies and keep the company afloat as thats in everyones interest but say they use it as an excuse just not to pay staff when they normally have the rights to been payed then it won't be legal.....

 

[Darkwood]

That's the problem these days, there aren't any unions in most workplaces now, except maybe the very big companies. Employers can now and often do, treat loyal employee's as a throw away commodity....
His best advice these days, is to check where he stands with the Citizens Advice!!

I know what your saying and very true ... i was in the same set-up for 20yrs till i walked ...oh and took several customers... well thats what happens when you treat your employee's like xxxx

 

[Richard Burns]

I got a change of contract letter some time ago but the added rider was, "if you do not accept this change in terms and conditions you will be deemed to have sacked yourself"!

 

[Engineer54]

I got a change of contract letter some time ago but the added rider was, "if you do not accept this change in terms and conditions you will be deemed to have sacked yourself"!

Not sure that would actually be legal, but nothing surprises me these days with what's going on in the UK!! ...lol!!

 

[flyingsausage]

I got a change of contract letter some time ago but the added rider was, "if you do not accept this change in terms and conditions you will be deemed to have sacked yourself"!

That is what all the companies were doing with the BESNA,
They issued threir sparks with a new contract and gave a termination date for the oold contract and if you did not sign the new one you were putting yourself out of a job.

The shame on all the scabs that only thought of themselves and signed that BESNA contract.

 

[timbobelfast]

So they expect you to come running back after a slack period??!! I know some work is better than no work at all but this is a deferent level! What does the rest of the work force make of it, or are you the only one who is being 'amended'?

 

[Engineer54]

That is what all the companies were doing with the BESNA,
They issued threir sparks with a new contract and gave a termination date for the oold contract and if you did not sign the new one you were putting yourself out of a job.

The shame on all the scabs that only thought of themselves and signed that BESNA contract.

A contract is a signed legally binding document between two (or more) parties. Therefore it requires the two parties signatures to amend/change the contents of that contract. ....In other words if the contract was on an ongoing term, one party cannot cancel or set a change to term dates...

A lot depends on the wording content of the original contract, as what can and can't be done!!...

 

[Marvo]

My thoughts exactly. I have contracts of employment with my full time employees and the terms of those contracts can't be changed unless by mutual agreement of both parties. There may be exceptions to this if there is a change in employment law and a term of the existing employment contract falls foul of the law change but as an employer I can't just change the contract willy nilly.

 

[Hawkmoon]

I would phone ACAS in the first instance, have your contract with you - they will advise

 

[Englishman]

They can change contracts and make you redundant if you don't sign.

 

[Geoffsd]

Short-Time Working and Lay Off:
The Company reserves the right to introduce short time working or a period of temporary lay off without pay (with the exception of any statutory entitlement) where this is necessary to avoid redundancies, where work cannot be performed due to exceptional circumstances, or where there is a shortage of work.

There is one thing dubious.

The employer states 'with the exception of any statutory entitlement', one of which is redundancy compensation.

If he is hoping to avoid redundancy compensation by laying off one/some employees and that will result in them 'not coming back' then that would be considered constructive dismissal.

 

[flyingsausage]

A contract is a signed legally binding document between two (or more) parties. Therefore it requires the two parties signatures to amend/change the contents of that contract. ....In other words if the contract was on an ongoing term, one party cannot cancel or set a change to term dates...

A lot depends on the wording content of the original contract, as what can and can't be done!!...

I agree with what you are saying but the likes of Baileys,Balfours,Crown House etc were doing this in a legal way.
We had a lawyer into a union meeting to explain this to us,they were giving the men a cancel date on their existing contracts and issuing them with a new contract,and if the new contract was not returned to them signed for a certain date you were out off a job.
The idea is you can't be employed without a valid contract of employment - if you did not sign the BESNA cotract you were entilted to nothing from the employer.
AND ALL THIS WAS LEGAL.

 

[plugsandsparks]

It looks like an attempt to change your "full time" contract to one of a temporary casual basis. There may be implications in other parts of the contract that state who and what you can do whilst "employed" by them ( i.e. to fill in the gaps, say with a competitor)

If it was me i would not sign and look for another job, if they want rid then you have redundancy and whatever notice period they are obliged to give.

An employment lawyer may give you some better advice about this, i.e. its a material change to the contract that leaves you needing to seek other work to pay the bills etc.

Good Luck, hope it goes well

 

[ayjay]

bart- unfortunatly working for someone else is rubbish they dont give a s--t about you/employees, you are there to earn them a profit
if the work drys up as it has they just throw u away

 

[Robotstar5]

If he is hoping to avoid redundancy compensation by laying off one/some employees and that will result in them 'not coming back' then that would be considered constructive dismissal.

I had that done to me about 10 years ago, couldn't claim against the company as he folded it and started a new one!

 

[i=p/u]

I working for company at minute who look after schools and the like, said when started. Plenty of work , he just txt to say take tomorrow off . Didn't want tomorrow off, feel like txt n him saying forget about it lol

 

[flyingsausage]

After 7.5 years of employment I received form to sign to the amendment of contract, so basically all that nonce, that employment is better than self-employed in regards stability is down the window. Below is cut out of amendment. Not sure how is this ok???

The undernoted amendments have been made to your terms and conditions of employment. The amendments are applicable with effect from 13[SUP]th[/SUP] July 2013.

The following clause has been added in your contract of employment:

Short-Time Working and Lay Off:
The Company reserves the right to introduce short time working or a period of temporary lay off without pay (with the exception of any statutory entitlement) where this is necessary to avoid redundancies, where work cannot be performed due to exceptional circumstances, or where there is a shortage of work.


Acknowledgement:
I acknowledge receipt of this statement and I confirm that I have read and understand it.

Having read this post and thought about it your employer is seeking to change your terms and conditions.

Your employer is trying to cover himself for a time when there is not enough work to cover everyone that works for him,he is trying to cover himself by a temporary lay off where he does not have to pay you,or reduced hours,but he will honor holiday pay and any benefits you are entilted too.
This will not effect the time you have accrued with him regarding redundancy.

This is a standard for most businesses these days,if your boss has been decent to work for sign the contract and forget about it,and ignore all the knee jerk reactions that get posted.
If your boss is rubbish to work for then it could be time to start looking,it is up to you.

If you get a temporay lay off for a few weeks you just jump to an agency and tell your boss nothing about it.

 

[44ALLAN]

Your contract is worth what it says until the company you work for decides to change it...............'re-organisation' is the new word guys sorry to say.

They need to give you notice of their intent to change your contract up to a week for every year you've worked(maximum 12 weeks)................you then accept new terms or they can boot u simple as that.

'Company re-structuring' is now their legal way of getting rid of whoever they want unfortunately.

 

[flyingsausage]

I working for company at minute who look after schools and the like, said when started. Plenty of work , he just txt to say take tomorrow off . Didn't want tomorrow off, feel like txt n him saying forget about it lol

I had that once with a mob I was working for through an agency,I worked for four weeks and worked all the hours and then got told 'we don't have much work on'.
They were expecting me to phone then at six in the morning to find out if I was getting a shift,this went on for a week and I got to work every shift and got myself another job for the next week,and just phoned the agency to say I had another job.

 

[GLENNSPARK]

My thoughts exactly. I have contracts of employment with my full time employees and the terms of those contracts can't be changed unless by mutual agreement of both parties. There may be exceptions to this if there is a change in employment law and a term of the existing employment contract falls foul of the law change but as an employer I can't just change the contract willy nilly.[/QUOTE]welcome to post millennium britain ...