Forced to sign backdated contract of employment

hutchinsonp005

My employer drafted a new contract of employment back in 2002 and it put the employees in a potentially disadvantaged situation. My Union advised that we didn't sign it.

For 6 years, the Union and the employer were locked in negotiations and eventually the Union "gave up" and suggested that I just sign the contract.

The employer however requested that I backdate my signature to 2002 i.e. when the contract was originally drafted and my questions are thus:

1. Can they do this?!
2. Under the "new" contract, there is a pay increase clause. Basically the clause says that I will get a guaranteed pay increase every year either minimal or substantial (or several grades in between). These increases are dealt with by way of annual application and is based on how much I've contributed, the articles I've written which are published etc etc. The thing is, my employer has only allowed me one application (for the year 2008 / 2009) - surely if they're forcing me to backdate my contract to 2002, I should be allowed the equivalent of 5 years' applications. Surely they can't "have it all"!

Your help is greatly appreciated. There are other "dodgy" and potential discriminations going on but this is the main one I want advice on.

P

viktory

Personally I wouldn't sign anything I wasn't totally happy with and I certainly wouldn't backdate my signature to 2002. In fact, I would make a point of signing and dating it.

ceridwen

Very odd...why on earth would they want a backdated date anyway?

If push came to shove I guess you could always sign it with the wrong date - and put a bit in brackets after that date stating words to the effect "signed on 21 January 2009" (or whatever the date was that day).??

If they then tried to claw back anything you've had in between 2002 and now then the true "date of play" would be there.

Do keep a photocopy of this.

(thinks....goes off wondering what they are planning to try and claw back - pension for that time perhaps?)

hutchinsonp005

As I understand, they're not actually trying to claw back anything. What they're trying to do is deny me the right to claim the equivalent of 5 additional pay rise applications.

What the problem is, is that I'm due to retire in April this year and basically they don't want to give me the rights and benefits to which I'm entitled. I'm quite high up in my field and I just think that they don't want to pay me my benefits etc in the hope that I'll retire and it'll all be forgotten!

ceridwen

Ah...so I guess this IS to do with pensions then? Presumably your pension is based on your final salary - so that salary needs to be as high as possible...

hutchinsonp005

Yes I think you could be right there! Do you have any suggested course(s) of action? I really do appreciate your help

ceridwen

I dont know the answer to that one personally (other than trying to stall them further - as April isnt far away now) - but hopefully someone will come along who does.