They are changing dh's contract - advice urgently needed!

Tenyearstogo

ScrimpingandSaving wrote: »

And the public sector think they have it bad.....

Was that really necessary?

Things like this happen in the NHS all the time.

ScrimpingandSaving

Sorry Tenyearstogo and yes I am aware that the NHS run on flexible contracts - my sister works for them.

My point is that private sector companies actually do get away with a lot more. If your hours were cut along with your holiday entitlement and subsequently your pay, I don't think you'd be too happy either.

You are not encouraged to join a Union, there are no good pension deals (thankfully that is being sorted now - too late for dh by the sounds of it) and if private sector workers go on strike they are simply sacked.

Yes public sector workers do deserve more benefits because they perform vital public services however so do some private sector workers and having worked in both, I can honestly say that I never had it so lucky when I worked in the public sector.

But this is not a debate about the public and private sectors. I made a comment out of pure frustration and despair and I apologise for that.

ValHaller, no most of the drivers were not in a Union and the Union won't touch an ongoing case until they have been members for a certain period of time, by which time it would be too late.

Funky_Bold_Ribena

ScrimpingandSaving wrote: »

A little tact here would be nice you know?

They have already made redundancies and closed down depots all over the country in the last 5 years.

If they made dh redundant at least he'd have redundancy pay. But changing his contract will mean that he gets up at 4.30am to leave here for 5am so to be at work for 6am driving long hours (they are entitled to only a 3/4 hour break in 9 hours).


And from what I know of contract law, I do know there are legal requirements for a change in contract so I was asking to see if those legal requirements had been met, what would happen if the drivers all challenged the change and if the changes were enough to give them a case for unfair dismissal if they refused to sign the new contracts.

Tactfully telling you that I am afraid there is little he can do. Mainly because he is working under employment law, not contract law. He could choose not to accept the terms and he would probably be dismissed on a trumped up charge. He could refuse to work under those conditions but that would mean, refusing to work. As soon as he does a day's work under the new contract he would have accepted the conditions.

My advice would be for all of the staff to join a union today - as they all have 4 weeks to agree it gives you time to negotiate an agreement.

Dunroamin

ScrimpingandSaving wrote: »

The problem is that he'll be fit for nothing by the time he gets home, having been up since 4.30am and not getting overtime pay for working those unsociable hours. Plus he drives an hour before he gets to work which isn't taken into account for the legal break time.
.

I was thinking that he might be able to do something on his new free day, not when he finishes one of his working days. As you say, he'll be working ten hours less than he does at present, minus the hours he now spends driving to work on the fifth day.

ScrimpingandSaving

Thankyou funky, at least you didn't tell us to be thankful he still had a job. I hate that - it's like saying you should allow companies to screw you over in a recession as things could always be worse.

Truth is, we can't take a pay cut. We don't qualify for working families tax credits and still won't if he takes a pay cut. The only help we get is child tax credit. We are budgeting every month to make ends meet and a pay cut will send us into the red.

Most of the drivers are now joining a Union and seeking advice but I fear that it really is too late and like you said, there is nothing they can do.

I had hoped that the changes would be seen as major contract changes because the overtime, although not written in the contract, has always been there so it would be seen as an assumed part of the contract. He's been working 10 hours overtime a week for the 4 years he's been on this contract with them.

Are they not entitled therefore to compensation for loss of earnings?

ScrimpingandSaving

Dunroamin wrote: »

I was thinking that he might be able to do something on his new free day, not when he finishes one of his working days.

Sorry Dun, but yes the free day will not be fixed, it will be on rota so it could be Monday one week and Tuesday the next.

Dunroamin

ScrimpingandSaving wrote: »

Sorry Dun, but yes the free day will not be fixed, it will be on rota so it could be Monday one week and Tuesday the next.

Some kind of self employment rather than working for someone else?

ScrimpingandSaving

Well he delivers plant hire machinery. To be self employed he would need his own truck and somewhere to store it. We live on an ex-council house estate with parking issues and don't have the funds for his own truck.

He feels so betrayed after working there for 7 years with one day off sick (ONE day!), accepting last minute jobs and even battling through the snow to make it into work because he knew that plant hire needed to be delivered.

We'll go through the jobs pages tonight when he gets home. He's phoned other plant hire companies in the past more than once and they all have his CV so I'll tell him to phone them again.

Tenyearstogo

Is there any possibility of you expanding your business on the day he has off?

Dunroamin

ScrimpingandSaving wrote: »

Well he delivers plant hire machinery. To be self employed he would need his own truck and somewhere to store it. We live on an ex-council house estate with parking issues and don't have the funds for his own truck.

I wasn't suggesting that he did the same thing that he does in his regular employment!

As an example, when my dad was a postman and had afternoons free, he worked as a jobbing gardener - other workmates did painting and decorating jobs.