Change to employment contract

xxxpinkladyxxx

Hi

I'm just wondering what happens if the company you work for makes a change to your contract of employment and you don't sign it?

Basically, my work is asking us to sign a new contract which is for people who job share. It is saying that if they need you to come in when the person you job share with is on holiday, sick, whatever, that, if required, you need to come in. The person I job share with is saying she won't sign it. I don't generally have childcare issues, but it just seems a little unfair. When I signed my original contract, it was on the basis that I would work certain days. For those that will have childcare concerns, surely that's a bit discriminatory against them to make them sign this? So, I just wondered what happens if you don't sign?

ohreally

xxxpinkladyxxx wrote: »

So, I just wondered what happens if you don't sign?

Most likely the change will be imposed.

xxxpinkladyxxx

But if you don't sign the contract, how can they make you do it? I mean, you're kids are always going to come before your job and if they sacked you for it, surely they'd be bang to rights when that hit a tribunal...

Xbigman

Are you part time or is this some sort of specific job share contract?

If the latter cover might be a need of the business.

How is this to be paid. Money or time off in lieu? You say you've spoken to the other person, so I presume there is an overlap?



Darren

ohreally

Working after your employer has implemented the change would likely weaken your case, are you prepared for a fight should they impose their will?

xxxpinkladyxxx

It would be paid, but they have said that you could take time in lieu instead if you'd prefer. No. I'm part-time. Nothing in my job description mentions a job share. To be honest, I'm probably going to sign it but the girl I job share with, she does part of the week and I work the other part, we don't overlap, she is going to have childcare issues because she has a child in nursery and the other at school who will go to after school club on the days she works.

getmore4less

All signing does is say you have seen the contract.

By not actively refusing the change and working under protest you are accepting the change by continuing to work.

start by pointing out that if you have to work the other persons holidays you are going to need holiday pay for those extra contractual days as well as the pay for them.

TOIL does not work if the other person needs to cover you end up in a vicious circle.

KiKi

I'm wondering if this would actually fall under the law regarding part time workers regulations, albeit indirectly.

Presumably all who job share are part time - and they are being required to do additional hours if another member of staff isn't present. Is the same is required of full time workers if one of their colleagues is absent? Are they required to cover their colleague's hours? Presumably a full time worker does not have the same term in their contract regarding employment conditions, so whilst I appreciate why the employer may want to do this for business reasons, I find it an interesting legal question! I'm not sure if it would fall under the justification for business reasons, as one could argue that a job share PTer being off sick is far less risky than a FTer being off sick.

OP, your employer can't just 'change' your contract unilaterally - they do should try to agree it with you first. However, if you don't agree, you must write to them to confirm that you do not accept, and sign and date the letter, otherwise you'll be deemed to have accepted the new terms. Ultimately, you cannot continue to work 'under protest' without taking further legal action. However, simply refusing may be enough for them to back down - or enough to make them try and dismiss you!! And if you have less than two years' service, they could dismiss you for almost any reason. Good advice here: https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/changes-to-employment-contracts-overview/

But, I do wonder how fair that term would be deemed to be as it would only apply to part time employees. The fact that you don't need to be paid for it but can take TOIL is what confuses me - surely taking TOIL completely defeats the purpose??! So you work an extra day to cover your job share partner - then take a day off, so, what...they now have to cover you?!

System

If you don't sign the contract but continue to work as they want under the new contract you are deemed to have accepted it.

If they want to enforce it they just make your job redundant and offer you a new job on the new contract.

elsien

They can't make you redundant then offer the same job under a new contract. Redundancy is when the job no longer exists.

Crazy_Jamie

Tarambor wrote: »

If they want to enforce it they just make your job redundant and offer you a new job on the new contract.

No, they can't. Redundancy is only where there is a reduction in the need for the work to be undertaken. There is no such reduction here. There are two ways this can play out legally if the OP (or anyone else) doesn't want to accept the change.

The first is that the employee resigns and claims constructive dismissal because the employer was trying to change their contract without their consent. In this case the employee should ensure that they resign promptly to avoid the risk of being deemed to have accept the new terms by continuing to work, which is something that others have warned about in the thread.

The second is that the employer dismisses the employee on the basis that they have refused to sign an updated contract of employment. In either case the employer will assert that they have a fair reason to dismiss, namely 'some other substantial reason'. It will then be on them to show that there is a business case for the contracts to change, and that that change is reasonable. It's not possible to say whether the employer would be able to show that in this case because we lack the detail to make the assessment, but that's the legal route if someone ultimately refuses to agree to the new contract.

ohreally wrote:

Most likely the change will be imposed.

Just to be absolutely clear on this, but an employer cannot impose a unilateral change of contract. The change has to be agreed to. That is usually by the employee signing to signify the agreement, or doing so verbally. But an employee can also agree to the change through conduct, in other words by voluntarily working under the new terms. It's a picky point, but it is important to note that acceptance is required, and as such the conduct of the employee needs to be considered specifically in order to establish whether or not that acceptance has occurred.