Changes made to contract to include working away

Sam_Spends_Too_Much

My husband is a Class 1 driver and has worked for the same small firm for the past 6 years. They have now amended his contract again (this must be the 3rd/4th time in 6mths) to say that he has to do a minimum of 3 nights away per week. We initially took this job 6years ago as it did not involve nights away - we have a disabled child and nights away would be very difficult for the family as a whole.

Do we have the right not to sign the contract?? I know we can ask for flexible working due to my daughters disability and I'm pretty sure there are regular jobs my hubby can do without having to do nights away.

His employer is 'difficult' to say the least. He has included so many new clauses in the new contract that violating will result in a warning - we're pretty sure its so that he can make it easier to sack the drivers rather than make them redundant. I used to work for the MOD and my contract wasn't anywhere near as complex as his one is!!!

Also, if he was offered redundancy now, but didn't take it, can he be offered it again or is it a once only thing??

Sorry I've waffled a bit but these nights away really are going to cause a problem.

DVardysShadow

Write back and reject the new contract on grounds of Nights away and state that this has never been done. Redundancy is only on offer while employer chooses. I am not an expert on this point, but i think if employer now only has nights away posts, your OH would effectively be redundant. It is best not to muddy the water on this point by being less than 100% clear on where you stand over nights away.

rupee99

A contract of employment is, in law, the same as any other contract, it cannot be amended without agreement of both parties. If he chooses not to sign the new agreement he cannot, legally, be dismissed for simply not doing so.

However from a practical point of view the employer can make it difficult for him if he doesn't and although you could take the matter to a Tribunal if he were "sacked" the chances of success are by no means guaranteed.

As for redundancy it would be pretty difficult to see where the job, as opposed to the person doing it, has become redundant. Unless the employer is "downsizing" the driving job still exists and fundamentally the same conditions as your husband currently has, i.e. he has to drive a vehicle from A to B and back again, because he has to stay away at night doesn't seem to change that. However if redundancy is offered and not accepted it does not preclude it being offered again should the circumstances of the employer change, but the employee will not be able to exercise the right under the original offer indefinitely, there usually is a time limit to accept or reject the opportunity.

DVardysShadow

rupee99 wrote: »

... As for redundancy it would be pretty difficult to see where the job, as opposed to the person doing it, has become redundant. Unless the employer is "downsizing" the driving job still exists and fundamentally the same conditions as your husband currently has, i.e. he has to drive a vehicle from A to B and back again, because he has to stay away at night doesn't seem to change that.

I think that the employer is reducing the number of day driver posts and increasing the number of night away posts.

OP's OH does not have to accept new terms. Redundancy is the employer's way out.

Sam_Spends_Too_Much

DVardysShadow wrote: »

It is best not to muddy the water on this point by being less than 100% clear on where you stand over nights away.

We don't know where we stand on the nights away. He's said we should be available 'if' the nights away arise. So it would be a last minute thing without being able to plan any contingencies, ie, change of clothing, care for children. The contract is full of if's and but's. There are contracts he has quite regularly that are not overnight runs so one would assume that my husband could be allocated those. We've asked him to clarify the situtation, but he simply won't and in the current climate we've always had to put up and shut up. Its just that nights away will impact on the family severely and ideally we don't want him to do them, but on the flip side, we don't want him to loose his job.

DVardysShadow

Sam_Spends_Too_Much wrote: »

Its just that nights away will impact on the family severely and ideally we don't want him to do them, but on the flip side, we don't want him to loose his job.

This is why you have to be clear. I am assuming that your order of preference is something like

1. Continue on present contract
2. Accept [say] 2 nights away each month
3. Go redundant
4. Work 3 nights away each week.

If you get into the territory of doing 2 without being crystal clear about the limits, you could easily find yourself edged into doing 4, having lost any grounds for redundancy.

farmerboy

computershack wrote: »

The reality of it despite all the banging on about contractual rights....

However right or wrong,. haulage is "old school", not politically correct, not "rights based" or bothered about being so so banging on about contracts won't get you far. Small companies are even worse. You can ask for flexible working but don't expect it'll happen this side of hell freezing over.

Nights out has been a part of haulage since time in memorial. He could refuse it but then he could find himself out on his ear and I'm sure that his employer could find sufficient tachograph infringements during an audit of the last 12 months worth to warrant gross misconduct. Currently there's thousands of very experienced HGV drivers looking for work.

Been in haulage 15 years, finally escaping last year, unlike the rest of the posters so know the reality versus what is supposed to happen.

Fully agree with the above. One question for the OP, does you OH have his own truck allocated to him, or does he just drive any truck?

If its the former then its not hard to leave some gear in your cab for the eventuallity of a night out. If its the latter, it's not hard to have an extra holdall with basics in to take with you. With the current weather I would be making sure I had some night out stuff just incase I got stuck, even when I was on the agency and only on day runs.

To put the employers side a bit, yes he may have contracts that can be done in a day run, but you don't know what the customer is demanding on the rates, so he may be looking to backload off these day runs to keep the business going which may mean a night out.

As has been said above, haulage is still a backwards industry regarding contracts and conditions. Kick up a stink if you want, but they will find a way to get rid of you very easily i.e. tacho infringements ect. I know its not right, but there are alot of unemployed drivers who would happily do 5 nights out a week just waiting for the chance, and the employer know this.