Would you tell employer you have applied for other jobs?
Would you tell employer you have applied for other jobs?
Author
Discussion

RWD cossie wil

Original Poster:

4,382 posts

202 months

Friday 23rd May 2014
quotequote all
As title really, where I am currently employed are trying to push us into new contracts, and it has gotten to the point of "sign or leave". Now I have applied for another job with a different company, & 90% been told (and yes I know it's not official until it's a written offer!)I have it, just waiting on the official offer.

Current employers are pushing for me to sign the new contract, however it will then put me into a three month notice situation should I wish to leave. Would it be a bad idea to explain that I'm waiting for a job offer before commiting my future?

Gargamel

16,350 posts

290 months

Friday 23rd May 2014
quotequote all
Yes that is a terrible idea. But you knew that already.

Until you have signed and sealed the other contract keep quiet. It is one thing to tell your trusted line manager that you are thinking about the future in an abstract kind of way.

But in your situation where you need to stall for a week or two, then saying I am not signing because I am waiting on another offer, is asking for trouble.


EmmaJ

4,525 posts

175 months

Friday 23rd May 2014
quotequote all
How about taking a few days off sick? You can't be nagged to sign a contract whilst you're at home getting better and waiting for the postman to arrive wink

edc

9,633 posts

280 months

Friday 23rd May 2014
quotequote all
Why don't you just tell them you don't like the change to the notice period clause, strike it out, sign it and sign at the bottom.

RWD cossie wil

Original Poster:

4,382 posts

202 months

Friday 23rd May 2014
quotequote all
edc said:
Why don't you just tell them you don't like the change to the notice period clause, strike it out, sign it and sign at the bottom.
They won't accept any changes on the new contract. The big issue is the change from working mon-fri 7.30-4 to working a horrid shift that makes me work 5 complete weekends fri-mon out of every 8! Plus a reduction of 5 days holiday per annum, and a poor shift pay allowance. Hardly makes for happy employees!

Gargamel

16,350 posts

290 months

Friday 23rd May 2014
quotequote all
I am by no means an expert in the legal side, however

If they have given you a new contract, which is substantially different to your old contract and won't accept any changes. What procedure do they have if you don't sign.

Effectively are they saying if you don't sign then you are fired ? Because, ahem I am going to stick my neck out here and say, you might have some protection under employment law.


Appreciate you just want a few more days before you are off anyway, however I would seek legal advice.

Terminator X

20,530 posts

233 months

Monday 26th May 2014
quotequote all
No, none of their business. Just don't sign new contract, say you don't agree with it etc.

TX.

Chris200

591 posts

266 months

Tuesday 27th May 2014
quotequote all
I went through this is with my last company, in short they cannot make you sign anything and if they then make you leave, it will be classed as constructve dismissal and they will have to pay you off. Mine went legal and this is what the judge said.

Couple of points to note:
1 - Did you have notice from the company of the pending review of employee contracts? Minimum is 7 days notice.
2 - Did you have a meeting with your menager and HR about the new proposed contract where ALL changes good and bad are formally mapped out and explained?
3 - After point 2, did they give you the new contract to review, with a minimum 7 days to go back to the company in writing with any issues/queries to rasie and discuss?
4 - Did they explain at the begining what would happen if you did not sign?

If they have not done any of the above, they have broken the law and connot make you into sign the new contract. If they are also changing your hours, reducing your holiday and generally making you worse off, you can insist on compensatition for the change in hours or reduction in holiday.

If I were you I would do what I did, formally decline the new contract based on your concerns, take some legal advise, and make it clear that if they will not accept your proposed changes, they will have to formally dismiss you from your position under constructive dismissal and will have to pay you compensatition of XX that will cover your notice period and a reasonal period of time between you leaving and finding another job.

Basically in a nutshell, and this was from my lawyer and the judge, a company cannot do this, and a court will always side with the employee if the company is acting in a unreasonable fashion and is not prepared to negociate.