written terms and conditions of employment

ifonlyitwaseasier

fine,

i give up,

you know soooooooo much, go ahead,

ioiwe has left the thread

T800

Googlewhacker wrote: »

Why bother asking for advice if you are not going to listen and think you know it anyway?

..........

I'm not posting on this thread again as I have said what I want. I hope uni goes well for you but I also hope you come to your senses for your sake

Thank you for your best wishes.

So far its only two people who have told me what i cant do, as oppossed to someone giving a proper solution. I was hoping for some pre-advice without having to take professional legal advice and tribunal action but as it stands so far its the only available option. If a lawyer gave me career building advice he/she would be sacked on the spot. People want helpful legal advice not sanctimonious lessons in morality.

Googlewhacker

T800 wrote: »

People want helpful legal advice not sanctimonious lessons in morality.

Then go see a lawyer, this is an open forum where people will post what they want. If you note my signature it states that it is my view and to get professional advice.

I have said that you are probably in the right, I have said have an informal chat with the person that gave you the contract, I have said that if this doesn't work raise a grievance.

But I still think you are not thinking about the bigger picture on this (if you were a perminant employer and there for the long haul then yes bring it up and fight it but as you are only a short term contract and leaving in to months is it really worth it?) and you are potentially harming your future prospects even with going to UNI.

terra_ferma

T800 wrote: »

Thanks Googlewhacker. My employment is due to end in 2 months time. The main issue is to do with my working hours, I am used to having a 1hr45min lunch break as do other members of staff. This has been unchallenged since I started work, yet the written contract stipulates 1hr lunch break. Naturally this is less generous contract than the verbal one. In addition im unhappy with a clause that says that they can require me to perform any duties skilled or unskilled not within the scope of my normal duties at their discretion, and amend my job description at any time. As it stands I have a set job and would not like them to have the right to interfere and make me do different tasks/whatever they please. Otherwise, the rest of the contract is pretty generic in nature and acceptable. I realise that I dont have to accept the contract but just wondering how to do this formally, Im concerned that even if I resume work it might be inferred that I have unwittingly agreed to the new contract even without signing it.

I'm not sure what your problem is...
the contract states 1hr, which is standard, but your employers have been more flexible.
As far as I can see they have not suddenly said you can't do it, it's just not included in the contract.

Unfortunately for you... employers have the right to interfere with your job... and even tell you what you have to do.... You can't just turn up and do as you please, your work has to meet your employer's needs (including helping them to stay in business!).
It's fairly standard for contracts to have clauses that allow an employer to ask you to perform duties outside your jd, usually it states something like To carry out any other duties that may reasonably be requested.
And they also state that they have the right to change your jd.

But... you have two months left. What's the point of all this? By the time you have raised a grievance, made all the fuss in the world, they will have gone, and you will have waisted everyone's time!

terra_ferma

T800 wrote: »

I was hoping for some pre-advice without having to take professional legal advice and tribunal action but as it stands so far its the only available option.

:rotfl:
I don't know in what world you live in, but not the REAL one.
You consider tribunal action because your employer have been more flexible than they have to, and they want to be able to change what that pay you to do.
I would understand if they had behaved in an unreasonable manner, forced you to take 5min lunch, or asked you to drive a HGV when you can't....
Let us know how long it takes your solicitor to stop laughing at you once you have explained....

T800

Thanks for posting back again Googlewhacker and I do appreciate the advice. I feel that maybe as it is only 2 months, just to leave it - I will in fact just ignore the contract and refuse to sign it and take things from there.

Googlewhacker

T800 wrote: »

Thanks for posting back again Googlewhacker and I do appreciate the advice. I feel that maybe as it is only 2 months, just to leave it - I will in fact just ignore the contract and refuse to sign it and take things from there.

Just ride it out, keep your head low and get that referance. An employers referance is worth its weight in gold IMO, especially if you won't be working for the next few years.

T800

terra_ferma wrote: »

I'm not sure what your problem is...
the contract states 1hr, which is standard, but your employers have been more flexible.
As far as I can see they have not suddenly said you can't do it, it's just not included in the contract.

Unfortunately for you... employers have the right to interfere with your job... and even tell you what you have to do.... You can't just turn up and do as you please, your work has to meet your employer's needs (including helping them to stay in business!).
It's fairly standard for contracts to have clauses that allow an employer to ask you to perform duties outside your jd, usually it states something like To carry out any other duties that may reasonably be requested.
And they also state that they have the right to change your jd.

But... you have two months left. What's the point of all this? By the time you have raised a grievance, made all the fuss in the world, they will have gone, and you will have waisted everyone's time!

Its because they are not doing this because they are bothered about the amount of time wasted, I work in a quango where nobody does any work except waste public money. My anger is that they are treating me this way because I simply asked for my terms and conditions of employment (I needed them for something else) and now they feel like treating me different to other employees. The fact is, by law, they never gave me a written contract, so the verbal contract is that I am entitled to 1hr45minutes and they cant change that without my approval. Why should I do that? The only advice I want to know is how best to resist the pressure, and the implications of doing so. But yes, with only 2months to go, I might just eat humble pie.

terra_ferma

T800 wrote: »

Its because they are not doing this because they are bothered about the amount of time wasted, I work in a quango where nobody does any work except waste public money. My anger is that they are treating me this way because I simply asked for my terms and conditions of employment (I needed them for something else) and now they feel like treating me different to other employees. The fact is, by law, they never gave me a written contract, so the verbal contract is that I am entitled to 1hr45minutes and they cant change that without my approval. Why should I do that? The only advice I want to know is how best to resist the pressure, and the implications of doing so. But yes, with only 2months to go, I might just eat humble pie.

Who is doing what to you?
How are they treating you differently from other employees?
Resist what pressure to do what?
You need to say a bit more, what are the doing to you to force you to sign?
How are they victimising you?

Unless they are treating you really badly and you have not said, from what you are saying the sound like the average employer, sometimes not doing things they way they should.

I assume you are not talking about paid lunch breaks are you? It's simply the fact that you would like to have longer lunch and work later, but still working the same hours?

T800

terra_ferma wrote: »

Who is doing what to you?
How are they treating you differently from other employees?
Resist what pressure to do what?
You need to say a bit more, what are the doing to you to force you to sign?
How are they victimising you?

Unless they are treating you really badly and you have not said, from what you are saying the sound like the average employer, sometimes not doing things they way they should.

I assume you are not talking about paid lunch breaks are you? It's simply the fact that you would like to have longer lunch and work later, but still working the same hours?

Everybody is supposed to only have 1hr, but common practice is that everyone takes 2. As I was only on a temp contract they didnt even care to give me a written contract (they are very lazy employers) and I have also just been having 1hr45minutes to 2 hours lunch per day like everyone else.

Now because I asked for my terms and conditions of employment, they have decided instead, to give me specifically a written contract where my lunch hour is cut down to the same as everyone else (1hr)

yet if I agree to it I am worried that they then have the power to stop me taking the same time as I have previously enjoyed (and what other colleagues are doing).

Im thinking maybe they dont even care and I can continue do do so - but officially I will be breaching the contract and im concerned about doing this.

I was hoping because I had been taking my lunch for all this time, that this 1.45minute to 2hour lunch hour would be part of my verbal contract and something that cannot be changed without my permission.