Can they make me sign?

elaine241

Hello

I'm in need of other peoples opinions re something happening at work. I work for a small "not for profit" organisation with a board of directors that are volunteers.

I have worked there for about 6 years and only had a one page contract for a year when I started.
I have continued working and my role has expanded to include a wide range of roles all of which carry responsibility especially financial.

I have been totally flexible with my work , as has the one other colleague that has been there for years. If/when needed we have covered for each other during sickness or holidays.
We have taken on two staff members one of which has been off due to sickness/problems ever since he started, I dont think he has completed a week.
The directors have now decided that everyone has to sign a very generic contract which includes only SSP payments if you are off sick. The amount of holidays offered is the minimum although I do not know how they are going to treat bank hols , I think inc in hols.

My point is the contract severely reduces the terms and conditions of my employment. Currently I am paid full pay if I am off sick ( v rare) , holidays have been taken when asked for although nobody takes the mickey, also bank hols and public hols are not included in our holiday "entitlement" and therefore are extra days off. I am not sure where I stand here as I have no contract but as described the terms are better than what is being offered in the contract.
Somebody told me that the current terms are "implied" and "inferred" even though not in a contract and that they have to remain.
I'm totally confused but I dont want to sign the contract. I do belong to a union but tbh dont want to stir up trouble if I can understand where I stand legally and sort it myself.

Undervalued

elaine241 wrote: »

............ dont want to stir up trouble if I can understand where I stand legally and sort it myself.

Just not signing the contract doesn't help I'm afraid. By continuing to work and getting paid you will have accepted it.

If you are not happy with the new terms you need to positively reject them and make it clear that you are continuing to work "under protest". Ultimately, if you can't resolve the situation by negotiation you have two choices.....

Accept the new terms

or

Resign and claim unfair dismissal (not constructive dismissal despite the resignation). It would then be up to a tribunal to decide if the changes were reasonable or not. If you win you would get some compensation but still have no job. A tribunal cannot force the employer to continue to employ you on the old terms.

You would need to take one to one legal advice from your union as to your chances.

dylan0103

For a change in contract - you should have been given a consultation period, did you have this? Not signing and continuing working after the contract was issued is not an option, as technically you agree to the new contract. I would cautious of resigning on the basis of taking further action. Try arrange a meeting with your employer, ask the reasons for the change and express your concerns.

elaine241

Thank you for your replies. I hadnt thought that by continuing to work I would have in fact accepted the new terms. The contracts have not been issued formally. I work in a very relaxed informal office with only 4 staff members, the chairman and other directors also work in the office voluntarily as needed. I have raised my objections to the new terms in the office to the chair and by telephone to another director who is a solicitor drawing up the contracts. I forgot to say one member of staff shared between three organisations ,who works one week in three for us, is transferring his contract to another of the organisations as they have better terms than us!
It is really difficult as I love my job, get on with everyone, no office politics and most of us work there as we believe in what the organisation does rather than just being there for the money. It is just that I do not feel they are being fair in opting for the meanest t&C's mainly due to the newest staff member who is often sick. TBH I would prefer that they said goodbye to him and the status quo continues. He has only been employed for approx 9 weeks so I think he could be let go without any recourse? He is often late by at least an hour! when he does get to the office.

I think that once the contracts are formally presented I will formally have to raise my objections. I know they are discussing them again at the next board meeting and hopefully they will offer better t&c's for the long term staff, or is this another minefield by offering different terms to each of the staff?!!
I am confident in my negotiation skills as yrs ago I was a CAB advisor and trained for tribunals. I think that robust negotiation will hopefully result in term & conditions that are agreeable for all, watch this space!
Thank you again for your comments its good to get other peoples perspectives.

elaine241

Forgot to answer re consultation. No we had no discussion or consultation re contracts. I think they were going to write them, discuss at board meeting, then present them for signing!

ohreally

Custom and practice should prevail under the circumstances.

TBagpuss

There is nothing to stop them having different contracts for different members of staff, provided that no one is getting less-advantageous contracts due to a protected characteristic.

Personally I would be inclined to raise your concerns in writing - explain that while you are aware that they have not yet issued any formal proposals for changes to your contracts, the suggestions which have been made so far would represent a significant and detrimental change to your current contract.

Set out what you think the keys points of your contract are (e.g. number of days paid holidays including bank holidays, entitlement to sick pay, etc.)

State that you are happy to discuss any proposed changes to the contract during any consultation period and in the mean time and for the avoidance of doubt you do not consent to the changes. You may find it useful to speak with your colleagues to see whether they will be making similar representations.

In relation to the new employee, Iit may be worth speaking to your manager directly and privately to say that you believe it will result in serious damage to the morale of the other employees if they are (perceived to be) penalised as a result of the newcomers poor practices. Unless he is classed as having a disability hen he could be dismissed as he is so new - present it not as a concern about his behaviour, but as a concern about the impact which being expected to cover for him, and/or being penalised because of him, have on the morale of you and other established staff members.

Charityworker

Just wanted to say good luck. I've recently resigned from a not for profit job with various problems (see past posts) so I know what it's like. If you complain your made to feel like your harming the charity and if there's also volunteers there they make you feel very guilty for complaining about money issues. Good luck!