Work Contract

Madmonk

My daughters been working in a dementia care home for the last 5 months, a difficult job but one she loves. After 3 months she was given a contract to sign and to be honest it reads like she's selling her soul to the company. She's not signed it, but today they have given her another copy to sign and she has been told that even if she doesn't sign the care company can implement everything in it! Does she have to sign and how does she stand under employment law if she refuses?:(:(

dehaani

Madmonk wrote: »

to be honest it reads like she's selling her soul to the company

Why? :eek:

fengirl_2

A contract of employment does not have to be signed by both parties. Turning up for work, doing the work and getting paid indicates acceptance of the contract on both sides.
Which parts of the contract don't you like?

Emmzi

it is implied she accepts if she keeps working there, even if she doessn't sign.

we're gonna need specifics. If she doesn't like stuff she has to challenge it before signing.

Madmonk

She was told when she started that she would have set shifts - the contracts states that she will be expected to work as and when required ie no set hours or days. She is expected to do various courses, which she is more than happy to do but these are done on her days off and she doesn't get paid for them and if and when she leaves she will be expected to re-emburse the company for the cost of these courses. She's been given one uniform and the contract states that when she leaves she will be expected to pay for the uniform out of her last months wages!

Thats just a few of the problem points

MM

Madmonk

We tried that one but they have just given her a second copy to sign - seem to be pushing to get her to sign!

MM

zzzLazyDaisy

Some pointers

• The clause about working whatever hours the the company requires as dictated by the needs of the business is fairly common and legal
• Paying for a uniform if you don't return it is also fairly common and legal, but charging the person for the use of the uniform when they leave is not common (I'm not sure if it is legal, it doesn't sound to be so, but it may depend on the wording and the circumstances)
• Reimbursing the employer for training costs if your leave within a certain period of time is legal provided the timescale and amount is reasonable and on a sliding scale
• An employee should be paid for the time (or given time in lieu) for courses attended in their own time
• If she does not sign the contract, but continues to attend work, she is deemed to have accepted the contract (so far as it is legally enforceable)
• If she has less than 12 months service, she can be dismissed for no reason, provided the reason is not one of the automatically unfair reasons ( race /sex /disability discrimination or trade union activities being the main ones)

She should really speak to ACAS - they give free advise on employment related issues and will be able to go through the contract with her. In certain cases they may be prepared to speak to the employer on her behalf.

But she needs to be careful if she wishes to keep her job, as I say, until she has 12 months service under her belt, they can easily find a way to get rid of her and she will have little comeback.

Madmonk

She's quite willing to accept the bit about the hours and shifts but it definately says that she has to pay for the uniform when she leaves nothing about returning it. She's done about 8 seperate courses all of which have been on her days off and she hasn't been offered pay or days off and it states that if she leaves the company she will have to reimburse the company (nothing indicating a time limit)

We will contact ACAS tomorrow but since she's only been working for 5 months she doesn't want to rock the boat too much.:(

MM

Kayl06

Its quite common having to pay training costs back, although it is usually at a reduced rate.
Is there anything in the contract about not having to pay after a certain time?

Mine states
1. Full payment of training if you leave within 6 months
2. Half payment if you leave within 2 years
3. No costs and training days are paid after 2 years

All of my training courses have been when i'm off too but it doesn't bother me, they have to be done and i don't mind not getting paid for them.

Madmonk

No it just says that if you leave their employment you will be expected to reimburse them for the cost of the training! This is rather daunting when it's your first full time job and you have been told that at least one of the courses has cost the company £500+. A few weeks ago she did 4 shifts of 12 hours each (8-8) and was then expected to attend 2 full day courses and this was in one week! She's also been put on a NVQ 2 course which she is expected to complete in her free time (What freetime!) She's 18 and she's knackered most of the time thanks to her job! She realises that she's lucky to have one but it does feel as though her employers are taking the p***!

ceridwen

Madmonk wrote: »

She was told when she started that she would have set shifts - the contracts states that she will be expected to work as and when required ie no set hours or days. She is expected to do various courses, which she is more than happy to do but these are done on her days off and she doesn't get paid for them and if and when she leaves she will be expected to re-emburse the company for the cost of these courses. She's been given one uniform and the contract states that when she leaves she will be expected to pay for the uniform out of her last months wages!

Thats just a few of the problem points

MM

:eek::eek::eek: - and do they want jam on it??? Crikey....

I can see exactly why you are upset about this....they are trying to pull a whole handful of fast ones here...

They want the uniform = they pay for it

They want the courses = they provide the time to do it (ie paid worktime)

They have told her its "set shifts" = then that is what it should be

They want HER to pay for THEIR courses - WHAT THE F***!!!!!

Oh heck....I'm afraid it looks like the job is a "goner" here...as in...if it was MY job we were talking about here...then I would simply refuse all these unreasonable demands and hope that they kept me on. If they remained determined to impose such unreasonable conditions - then I would have no option but to sit back and wait for them to sack me (but meanwhile I would be looking for another job...)

THE first and most basic bit of advice here is obviously "do NOT hand your notice in - wait for them to either give way or sack her". If she resigns then the DWP MAY impose a benefit sanction of up to 6 months. She HAS to either get them to give her the agreed terms OR sack her.