Contract: Short time working and lay-off

SuperPootle

Hi All,

My employer has asked me to sign an amended contract of employment. Thing is, it differs from my existing contract of employment because it contains a 'Short time working and lay-off' clause which I'm not happy about because I feel that it's an unfair addition to the contract. Can I object to the new contract and tell them that I will only sign if the clause is removed? Do I have to sign it in order to keep my job?

I'm worried that if I don't sign, then I'm putting my job at risk.


Many thanks SP

terra_ferma

SuperPootle wrote: »

Hi All,

My employer has asked me to sign an amended contract of employment. Thing is, it differs from my existing contract of employment because it contains a 'Short time working and lay-off' clause which I'm not happy about because I feel that it's an unfair addition to the contract. Can I object to the new contract and tell them that I will only sign if the clause is removed? Do I have to sign it in order to keep my job?

I'm worried that if I don't sign, then I'm putting my job at risk.


Many thanks SP

There is some info about it from ACAS here:
http://www.acas.org.uk/index.aspx?articleid=814 (lay-offs and short-time working)
http://www.acas.org.uk/index.aspx?articleid=816 (variations of contract)

Have you been with them over a year? If not your rights are rather limited, as it's fairly easy for your employers to dismiss you.

I believe your employer can change your contract by giving you one month notice, and you would have a choice between signing or being made redundant.

You could phone the ACAS helpline for more advice:
Monday–Friday, 08:00–20:00 – 08457 47 47 47
Saturday, 09:00–13:00 – 08457 47 47 47,
or contact the CAB.

Mudd14

The choice wouldnt be signing or being made redundant. It would be;

a: Signing and carrying on work
b: Continue work but put clearly in writing you do not accept the chnage
c: Them imposing the change
d: Being dimissed by your employer

terra_ferma

Mudd14 wrote: »

The choice wouldnt be signing or being made redundant. It would be;

a: Signing and carrying on work
b: Continue work but put clearly in writing you do not accept the chnage
c: Them imposing the change
d: Being dimissed by your employer

You are right, B is a possible course of action, the employer may not take it further and leave things as they are.

According to ACAS it does not sound like C is legal, as the OP would need to agree to the changes for the new contract to be valid (unless you have information I am not aware of, in which case it would be really helpful if you could share it).

Mudd14

I ahve chnaged a few contracts at my current work recently with help from our employment solicitor.

We gave the employees notice of the change, two did not accept the change. They were given notice that the chnage will be imposed on x date. It is then down to them whether they accept or resign. Of course the risk as an employer with them resigning is that they may take the employer to a ET for constructive dismissal. However, it would be have been hard for them to fight their case given it was not just targetting those individuals and the change had to happen.

Willsnarf1983

Mudd14 wrote: »

I ahve chnaged a few contracts at my current work recently with help from our employment solicitor.

We gave the employees notice of the change, two did not accept the change. They were given notice that the chnage will be imposed on x date. It is then down to them whether they accept or resign. Of course the risk as an employer with them resigning is that they may take the employer to a ET for constructive dismissal. However, it would be have been hard for them to fight their case given it was not just targetting those individuals and the change had to happen.

What was the actual change you made to the contracts?

Will

Mudd14

Reduction in contracted hours, 40 down to 30.

terra_ferma

Mudd14 wrote: »

I ahve chnaged a few contracts at my current work recently with help from our employment solicitor.

We gave the employees notice of the change, two did not accept the change. They were given notice that the chnage will be imposed on x date. It is then down to them whether they accept or resign. Of course the risk as an employer with them resigning is that they may take the employer to a ET for constructive dismissal. However, it would be have been hard for them to fight their case given it was not just targetting those individuals and the change had to happen.

Oh dear... I got this all wrong....
Luckily I gave links to ACAS so OP did not have to rely on my (incorrect) advice...