Change to employment contract

[wiggy001]

Hi,

Received an email last week (sent to all employees) stating that we would be receiving new contracts of employment today, which I have just received and been asked to sign and return by the end of the month. However, I have a few issues with points that differ to my current contract:

1. It states my date of commencement with the company is 01/05/2014 and this is the start date of continuous employment (I joined in 2008)

2. It states that by signing I am opting out of the working time directive

3. The paid bank holidays are named (meaning I wouldn't automatically be entitled to any additional public holidays)

4. My notice period (on both sides) changes from 1 to 3 months

2 and 3 aren't big issues, but I'm not entirely sure of the impact of 1 around things like redundancy rights etc. Am I effectively being rerecruited into my existing role? And I really don't want to be tied to a 3 month notice period, although this is quite common for someone at my level.

Does anyone have any thoughts on the impact of point 1, and whether I have any option but to agree to these changes, which don't appear to bring any benefit to me but do to my employer?

TIA

[wiggy001]

Thanks all for the advice and comments. I'm going to digest things a little more over the bank holiday but it does sound like a few things that should have been done haven't been. My biggest concern is the new start date which, as you've pointed out, affects a number of my rights as an employee.

Thanks again

[wiggy001]

Sonic said:

This sounds a bit dodgy to me. You need clarification on whether this is a completely new contract (which is what it sounds like) or an amendment to your existing contract (but then why a new start date?!).

1. This would affect things like redundancy and contracted notice. E.g. if you are made redundant now you are owed 6-years worth of redundancy, if you are made redundant on 02/05/14 then you would not be owed anything as your employment date started on 01/05/14 according to your contract.

2. I don't think they can bind this into your main contract of employment as it has to be optional.

E.g. taken from http://www.nidirect.gov.uk/working-time-limits-the...

"If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48-hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce and you shouldn't be sacked or subjected to discrimination or disadvantaged, like being refused promotion or overtime for refusing to sign an opt-out.

If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. You can agree this notice period with your employer when you sign the opt-out. You can cancel an opt-out even if it's part of a contract you've signed."

3. Is this different from your current contract? It sounds like your employer is trying to tighten down the holiday entitlement of the workforce.

4. Is the notice period set at 1 and 3 months in the old/new contracts respectively, regardless of time employed?

Thanks for the feedback.

1. appears to have been a typo is everyone's new contracts, which have now been re-issued.

2. I will be discussing later today as I think the only issue with the opt-out is that my contract states I must give 3 months' notice, and your link (and others) state it must be between 7 days and 3 months.

3. It is different as my old contract stated that I would be paid for all public holidays. Not a big deal.

4. It is, yes. And this is the main point now that I am unhappy about and will be discussing with my manager today. This provides me with practically no benefit (I have a certain amount of insurance against redundancy).

Thanks to all for the advice here.