New Job, New Contract, Same Pay, Less Holiday but Same Company

Its_all_Dinx

Hi ALL

I need a bit of guidance and some advice

Here is the situation,
I have applied for a new job within the company and got offered the job after passing all stages. I got a start date of the 14th March 2015 and in the post today I got 2 copies of the contract which I need to sign one and return and the other is for me to keep.
While I was reading through I noticed a few changes/ mistakes.

For example old contract says after 5 years working in the company I will gain an extra 5 days of holiday but in the new contract it says I will gain extra 2 days of holidays after (#) yup it has a hash.
Also I had a payrise which has already taken effect but the new contract shows me old salary.

Other pros and cons are.
The way it is worded it could mean I am back on probation for 6 months again but I am sure I will be ok.
I will only get the 8 days bank holiday off but if there is any additional bank holidays or public holidays declared I am not entitled to them.

I also have a weekend job which in my contract says I must not undertake any other jobs unless I have written authorisation but does not state by who must give me that authority.
This is what it actually says

"Whilst employed by the Company you will not engage in any other employment (either paid or unpaid) without our prior written authority."

My main job is Monday to Friday and 2nd job is sat & sun but I sometimes get a chance to do a little overtime after I finish my main job.

Now both contracts are already signed by the Head of HR and dated.

What can I do now?
I read on the government website that if my employer gives me a new contract and I sign it but do not protest it then they will assume I have accepted it. Would it work the other way round?

I could make a few small changes maybe remove that one paragraph about 2nd job and hope they do not notice amend my holidays and tweak it and return it or should I talk to HR about this but I really do not know how it will turn out.

Also if I get my current manager now to put in writing that I do have a 2nd job and that it does not conflict with this job. Two totally different industries. Would that cover me in my new role?

What you think?

ohreally

Likely to be an HR drone on auto mode.

Make contact with HR to discuss/ resolve the issues before signing anything. I suspect this will get sorted out quickly.

marlot

You're in a stronger position now to get this fixed than you will be further down the line.

Its_all_Dinx

That does make sense, plus I have kinda kept my 2nd job a secret from day one. Am sure I can keep that going for a while.

I will call up HR Monday morning and talk to them about this.

sangie595

Its_all_Dinx wrote: »

That does make sense, plus I have kinda kept my 2nd job a secret from day one. Am sure I can keep that going for a while..

Do not, under any circumstances, do that. If you agree to the contract then you agree - crossing things out and hoping they won't notice does NOT invalidate the terms you have been offered. And if you breach those terms, then you could lose your employment entirely. If you do not agree to the terms then you attempt to renegotiate them. If you cannot achieve an agreement then you decide to accept or refuse them. If you refuse them then you don't get the job. That may prompt the employer to reconsider, if they really want you in the job. Or it may not. But what you never do is invite your employer to have a cause to dismiss you.

Its_all_Dinx

Sangie595 - Would you think it would be ok to get my current manager to put it in writing about my 2nd job and would you think that would be ok in my new role?

I know he won't have a problem with that.

getmore4less

The issue with second jobs is often WTR as well as conflict of interest, they need to make sure all jobs don't go over or you need to opt out.

The way that is written it means parents have to get approval to be on things like school commitees or kids clubs etc.

The trick here is to make acceptance of this new role conditional on them approving your second job.

But if this is the same company chances are that those terms may allready apply to your current job(maybe through company handbooks which can form part of hte contract) so should have been approved already.

If you want other aspects of your current contract including in this job change you need to get them in

Xbigman

Wow. This is a standard tactic where I work but I didn't think it happened elsewhere. New contracts are offered with all sorts of minor changes to holidays and sick pay as well as probation periods added.
The only option you have is to refuse to sign the contract until its all sorted out. Several colleagues have lost out over the years by not carefully reading what they were signing or assuming HR would correct it later. Don't make the same mistake.


Darren

getmore4less

Probation in a new contract after 2 years employment only matters if they try to reduce your notice or other terms during it(or after),

they can't say you failed probation you are out.

buglawton

"Whilst employed by the Company you will not engage in any other employment (either paid or unpaid) without our prior written authority."

Well you are not employed by your company at weekends, are you?
If they cannot improve their legal wording, no need to disclose your weekend job - unless maybe there's a genuine conflict with main job.

sangie595

buglawton wrote: »

"Whilst employed by the Company you will not engage in any other employment (either paid or unpaid) without our prior written authority."

Well you are not employed by your company at weekends, are you?
If they cannot improve their legal wording, no need to disclose your weekend job - unless maybe there's a genuine conflict with main job.

Really? You want to go with that? Clearly you aren't a lawyer.