Question about employment contract

HeadouttheSand_2

First of all I hope this is in the right place. Please advise/move if not.

I have worked for my current employer since 2009, but never been given a contract of employment. Following another member of staff leaving the employers have reviewed this and have now issued me with a contract to sign. Part of that contract I am not happy about.

The part relates to being laid off with out pay if work isnt available, this has never been the case in the time that I have worked for the company, but I could see it happening in the near future because of the way the business is going.

From my research I see that this is something they are allowed to do if both parties agree. But where do I stand if I don't agree? If my employer wont remove that statement and dismisses me would I have a claim for unfair dismissal? Can they force me to sign the new contract?

thanks in advance

sangie595

It is considerably easier to enforce a change of contract than most people think. All they have to do is serve you notice and say that if you continue to work for them then you have accepted the new terms. Your only alternative would be to refuse the new contract, end up unemployed and attempt to claim unfair dismissal - which is not a guaranteed winner. And even if you won, it may not be anywhere near what you are hoping for. Top and bottom line is, if things are that bad, the best idea would be to start looking for another job.

McKneff

I think the term is 'between a rock and a hard place'

HeadouttheSand_2

McKneff wrote: »

I think the term is 'between a rock and a hard place'

You have summed it up perfectly. Someone gave me an ACAS number to phone and having spoken to them the employer could just say that they had shown me the terms of contract as they are laid out in an employee handbook (which I have never seen or been shown).

They would have to prove they showed it to me and would have to prove they didn't. There word against mine.