Employers want me to sign a temporary contract

Charityworker

I'll give you as much info as I can. I've been working for my employers for almost 4 years part time. When I first started I signed a contact to say I was permanent. I work for a charity and my employers are a committee of volunteers and trustees. 2 committees later (completely different people to who were running the organisation when i started) they have decided that the contract I had was no good (even though it was drawn up by a solicitor) and they want me to have a new one. So one of the committee who works for tesco literally copied and pasted his own contract then changed the relevant details. But on it it says that I am a temporary employee. How can I be temporary when I have already been there nearly 4 years and originally signed a permanent contract? I think it's their way of getting out of paying me any redundancy money if the charity folds. None of the committee or trustees has any experience of employing people or anything along those lines and most of the committee are aged under 25 (I'm 42).

I havent signed this contract as I said I would take it home to read over the weekend.

So what, if any advice have you got for me?

Thanks.

Anarchist

It does not matter what your contract says about you being temporary or permanant.

If you are

a) Directly employed by them (IE not a contractor, or agency staff etc)
b) Have been in continuous employment for two years or more

Then you are entitled to statutory redundancy pay.

But yes, do read through it carefully and question everything!

marybelle01

After four years you have all the employment rights you can get. So temporary/ permanent or whatever is entirely irrelevant. Personally I'd tell them to shove it - but they'll pay you redundancy whatever and they also have to face an unfair dismissal claim if they sack you unfairly, whatever you do. Four years is four years on any contract!

Going4TheDream

Personally I would speak to ACAS or take legal advice asap and not sign it at all until I had this advice.

prowla

I think don't sign a replacement contract that you are not happy with.

Jinx

prowla wrote: »

I think don't sign a replacement contract that you are not happy with.

Am I right in thinking that a new contract issued is deemed as accepted if you continue your employment though? No expert - but I think this is what was said when we were issued new contracts.

Uncertain

Jinx wrote: »

Am I right in thinking that a new contract issued is deemed as accepted if you continue your employment though?

Basically yes.

Ultimately if you can't reach an agreement your only option is to resign and claim unfair dismissal (it is not constructive dismissal under these circumstances).

Just as with your original contract you need to positively reject it (or at least part of it) otherwise by you working and them paying a contract is formed.

prowla

Really?

So your employer can change what they like, and if you don't agree then they can just deem you to have accepted it and all you can do is whistle?

Uncertain

prowla wrote: »

Really?

So your employer can change what they like, and if you don't agree then they can just deem you to have accepted it and all you can do is whistle?

Again basically yes.

Obviously under some circumstances this could lead to a valid unfair dismissal claim and compensation if you choose to go down that route but that still leaves you without a job.

jobbingmusician

'Never ascribe to malice what is adequately explained by incompetence'.

Just give them the contract back, explain that it is obviously the wrong contract as it says it is a temporary contract, and point out any other obvious errors in the contract. Say that it has made you feel insecure, but you know that you have got permanent employment rights, and ask them nicely for a proper contract that someone has proof read

If you want to cover yourself, because you are scared you will be deemed to have accepted the contract, put the above in writing as well and keep a copy. But, being a senior manager in a charity myself, I am pretty sure it will just be that someone hasn't proofread properly........

KiKi

prowla wrote: »

Really?

So your employer can change what they like, and if you don't agree then they can just deem you to have accepted it and all you can do is whistle?

No, that's not right. It really depends on whether the change is reasonable and the circumstances, and whether you choose to just continue to work or register in writing that you're working under protest. And whether you are prepared to actually take any action!

If an employer wanted to change a small part of your contract (say, more flexibility in hours), and you didn't sign it but continued to work without saying anything, then yes, you would be deemed to have accepted the terms. But appropriate notice has to be given, and you have the chance to respond, negotiate or possibly claim breach of contract if the change is substantial and without good reason.

If your employer wanted to change a significant part of your contract - a significant change, reduction in hours, pay etc, you could refuse to sign and go to ET for breach of contract.

But the circumstances and reasons and your response make a difference. If the company is proposing a small reduction in pay in order to prevent redundancies, then that's probably worth considering. If they just want to reduce your pay for no reason and tell you about it with a contract offered to you, you write to register that you do not accept the terms and would have to consider your response - negotiation, ET etc. They can't just change *anything* without consequence. But what is considered 'reasonable' is up to an ET to decide, so you want to avoid that if possible.

OP, as others have said, temp or perm makes no difference to redundancy - you have 4 years' service. When you say 'temp', do you mean it's a fixed term contract?