Employment contract and wording

nsc95

Hi there,
just after some thoughts. I joined a company April 2022, all seemed great and that they valued staff, culture seemed positive. Only a few months in, they started changing my role, my hours all without consultation and stated it was ‘needs of the business’. For reference I work for a cremation provider, they are based in another country and have their services there- they expanded in to the UK to offer cremation services here. I was employed for the UK side but they have since put on me to cover their night calls, another ‘Sister’ company and their pet cremation business to.
It was ‘non-negotiable’ and the hours covered now range from 8am-9pm over 7 days including public holidays (this is constant, not even occasional circumstances) To cover their side, none of their staff work past their standard 8 hour set hours of 8-4,9-5 or 10-6 . I left my old job to reclaim a work life balance and this is just so much worse. We had a weekend lady working Sat & Sun 12 hour shifts each day, who quit with immediate effect and they are now pushing me and my 1 other UK colleague to cover these shifts to.
 I have never had a salary review, never had the bonus targets explained. 

How can I challenge this? Does the bonus section sound discretionary or implied to be guaranteed? I have requested a salary review as per contract but would like to raise the issues of working hours, days and job role going against contact and the bonus if it is implied to be guaranteed. Most colleagues have been here 2 years or less (they are 4 years old), they seem to ‘recruit’ many people monthly and there are always people ‘leaving’ and replaced by cheaper Philippine staff (we know at least half are dismissed under redundancy and they bring new people on board with a slightly different job title but doing the same stuff). I worry I face the same fete of being swapped out for cheaper labour costs if raising issues. What do I do

6. Hours of work

1.1 The Employee’s normal working hours shall be 9:00am to 5:00pm inclusive of a lunch break of thirty minutes on Monday to Friday. The Employee’s hours and days of work are variable and the Company may require the Employee to work such additional or other hours, including working on other days, without additional remuneration as the Company may reasonably demand from time to time for the proper performance of the Employee’s duties.
10.2 The Employee shall be entitled to 20 days paid holiday in each holiday year together with the usual public holidays in England and Wales.

7.3 The Employee’s salary shall be reviewed by the Directors annually, the first such review to take place on or around twelve months following the Commencement Date. The Company is under no obligation to award an increase following a salary review. There will be no review of the salary after notice has been given by either party to terminate the Appointment.

7.4 In addition, the Employee is entitled to an annual bonus amount of £2,500. The bonus structure will be set in consultation with the Employee within 3 months of the commencement date. As a general guide, the bonus will be based on achievement of company and individual targets. The Company reserves the right to change targets and payment methodologies in line with business requirements. The bonus structure will include the opportunity to earn more than the stated amount annually.

4. Duties

4.1 The Employee shall serve the Company as Customer Care Arranger or such other role as the Company considers appropriate.

4.2 During the Appointment the Employee shall:

(a) unless prevented by Incapacity, devote the whole of their time, attention and abilities to the business of the Company;

(b) diligently exercise such powers and perform such duties as may from time to time be assigned to them by the Company together with such person or persons as the Company may appoint to act jointly with them;

(c) comply with all reasonable and lawful directions given to them by the Company;

  (d) report their own wrongdoing and any wrongdoing or proposed wrongdoing of any other employee of the Company to the Directors immediately on becoming aware of it; and

(e) use their best endeavours to promote, protect, develop and extend the business of the Company.

Job description online;

What would you do?

• Be our expert on customer care and direct cremation arranging in the UK.
• Manage inbound calls from families looking for assistance in arranging a cremation, or purchasing a funeral plan.
• Arrange the logistics of funeral delivery with our service providers, and communicate with families to ensure they understand the process.
• Help build our UK Direct Cremation team.
• Contribute to [Removed by Forum Team] content and resources we provide customers, to ensure they are well informed, supported and empowered.
• Be able to work remotely and flexibly.

Sorry for the long post, I am worn out, worn down and falling completely out of love with my passion for funeral directing.
thanks,
a very deflated worker. 

MattMattMattUK

Regardless of the employment rights in this situation, just find another job and leave, it sounds like an awful place to work.

Marcon

Sometimes the issue isn't 'what are my rights?' but 'what exactly is making me think staying around is a good idea'?

From your post, the latter seems to be the key question. I can't see this improving in a way which will make it sensible for you to stay, and you seem to have registered that:

nsc95 said:

Sorry for the long post, I am worn out, worn down and falling completely out of love with my passion for funeral directing.
thanks,
a very deflated worker.