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Contract Advice appreciated
SCOYA
Posts: 207 Forumite
Hi
My husband (and the rest of the work force) has been issued with a new contract from his employer there is one section that is new and they have drawn attention to reads as follows:
*****
Lay Off or Short Time Working
The Company is under no obligation to assign you any duties or provide any work and may at any time suspend you from the performance of any duties or exclude you from the premises of the Company.
In the event that there is a significant decline in business you cannot be provided with work and the situation is expected to be temporary, the Company reserves the right to lay you off without pay.
Alternatively, if there is a shortage of work or if normal working is prevented, beyond the Company's control, the Company reserves the right to put on you Short-Time working, either by reducing the number of contractural days worked each work or by reducing the number of contractual house worked each day, with a proportionate reduction in pay, for an indefinite period.
There is no upper limit for how long you can be laid off, however you may be able to claim redundancy pay if you are laid off without pay for either:
- four consecutive weeks
- six weeks within a 13 week period
*****
I have spoken with ACAS and been advised that he must sign and return the contract, and issue a letter to the company at the same time advising that he is working under protest given the additional clause in his contract.
We really want to understand what this action could bring about (the letter about working under protest), ie. could his company dismiss him, could it cause him more hassle in the long run.
He has been employed with this company since June 1979 (yes, he did his apprenticeship with them), so nearly 34 years.
We honestly don't know how to handle this situation, my husband is so disillusioned with his employer and just doesn't know which way to turn.
He asked his direct boss to get clarification on this clause, for instance if he was on reduced hours and then made redundant would the reduced payment be what redundancy was based on or would it be his full-time salary prior to reduced hours, he has not done so, and husand has had the HR Dept chasing him, and he's now requested clarification from them.
Advice would be appreciated. Many thanks.
My husband (and the rest of the work force) has been issued with a new contract from his employer there is one section that is new and they have drawn attention to reads as follows:
*****
Lay Off or Short Time Working
The Company is under no obligation to assign you any duties or provide any work and may at any time suspend you from the performance of any duties or exclude you from the premises of the Company.
In the event that there is a significant decline in business you cannot be provided with work and the situation is expected to be temporary, the Company reserves the right to lay you off without pay.
Alternatively, if there is a shortage of work or if normal working is prevented, beyond the Company's control, the Company reserves the right to put on you Short-Time working, either by reducing the number of contractural days worked each work or by reducing the number of contractual house worked each day, with a proportionate reduction in pay, for an indefinite period.
There is no upper limit for how long you can be laid off, however you may be able to claim redundancy pay if you are laid off without pay for either:
- four consecutive weeks
- six weeks within a 13 week period
*****
I have spoken with ACAS and been advised that he must sign and return the contract, and issue a letter to the company at the same time advising that he is working under protest given the additional clause in his contract.
We really want to understand what this action could bring about (the letter about working under protest), ie. could his company dismiss him, could it cause him more hassle in the long run.
He has been employed with this company since June 1979 (yes, he did his apprenticeship with them), so nearly 34 years.
We honestly don't know how to handle this situation, my husband is so disillusioned with his employer and just doesn't know which way to turn.
He asked his direct boss to get clarification on this clause, for instance if he was on reduced hours and then made redundant would the reduced payment be what redundancy was based on or would it be his full-time salary prior to reduced hours, he has not done so, and husand has had the HR Dept chasing him, and he's now requested clarification from them.
Advice would be appreciated. Many thanks.
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