Job changes and new contracts
Discussion
Hi Guys, a friend (it's always a friend isn't it but seriously it is a friend !) has worked as a sales rep for 20yrs with the same company working from home primarily with the odd overnight stay away.
Recent they've been told that due to a re-structure and cost cutting exercise the role will now be call centre based (just over 100 miles away from their home).
His original contract states that duties and place of work can vary (it's very vague) and I guess the company have been quite reasonable in keeping pay the same, covering travel costs and providing Accomodation for anyone living more than 50 miles away.
They've been in the new role officially for a week now and yesterday they were given a new contract to sign stating the new position has a probationary period of 12 weeks and if during this time it's felt that performance isn't good enough, employment can be terminated with just 1 weeks notice.
The new contract also states that their are no defined hours of work, hours of work will be whatever is required to meet targets etc.. There's a new 28 day lay off period without pay included and also a deduction from wages for any inactivity periods of more than 3 minutes, they're a also clauses that prevent any other work whilst employed and no competitors for 6 mths afterwards - in fairness the old contract also had this exclusivity/non competitive clause.
My friend is concerned that they'll use under performance as an excuse to push him out with just 1 weeks notice and/or push longer hours/ weekend shifts onto them.
No redundancy option was given at initial meeting (in fact they laughed when asked) and the letter given to them stated that all sales roles would move to the call centre, this however hasn't happened as some reps are still out on the road in an employed position and some have been given the option to remain on the road as self employed.
I've told them to speak to ACAS, which they'll do but does anyone here have any thoughts on where they stand.
Recent they've been told that due to a re-structure and cost cutting exercise the role will now be call centre based (just over 100 miles away from their home).
His original contract states that duties and place of work can vary (it's very vague) and I guess the company have been quite reasonable in keeping pay the same, covering travel costs and providing Accomodation for anyone living more than 50 miles away.
They've been in the new role officially for a week now and yesterday they were given a new contract to sign stating the new position has a probationary period of 12 weeks and if during this time it's felt that performance isn't good enough, employment can be terminated with just 1 weeks notice.
The new contract also states that their are no defined hours of work, hours of work will be whatever is required to meet targets etc.. There's a new 28 day lay off period without pay included and also a deduction from wages for any inactivity periods of more than 3 minutes, they're a also clauses that prevent any other work whilst employed and no competitors for 6 mths afterwards - in fairness the old contract also had this exclusivity/non competitive clause.
My friend is concerned that they'll use under performance as an excuse to push him out with just 1 weeks notice and/or push longer hours/ weekend shifts onto them.
No redundancy option was given at initial meeting (in fact they laughed when asked) and the letter given to them stated that all sales roles would move to the call centre, this however hasn't happened as some reps are still out on the road in an employed position and some have been given the option to remain on the road as self employed.
I've told them to speak to ACAS, which they'll do but does anyone here have any thoughts on where they stand.
Statute sets minimum notice periods by reference to length of continuous employment, so even if your friend accepts the new contract he must be given a minimum of twelve weeks notice of termination (one week per complete year, up to a maximum of twelve weeks - and the contract may provide for a longer period). He should in any event decline to accept the new contract. If the company seeks to impose it on him, or to dismiss him for refusing to accept it, he may have a claim for unfair dismissal. The company would have to show a pressing business need for the new contract, and could not show a pressing business need to offer less than the statutory minimum notice.
Thanks breadvan, I should add that the notice does indeed satisfy statutory rights ie. upto 12 weeks.
It's just the "trial" clause which states there will be a 3 month probationary period where employment may be terminated by either party with 1 weeks notice ?
Essayer, everything is computerised so periods of inactivity (or not calling/ using computer) can be monitored.
It's just the "trial" clause which states there will be a 3 month probationary period where employment may be terminated by either party with 1 weeks notice ?
Essayer, everything is computerised so periods of inactivity (or not calling/ using computer) can be monitored.
This sounds rather like your job is redundant and is being located elsewhere. You are then getting a "new job" with new terms and a new contract and a new probation period.
Now, call me an Oracle, but I rather suspect several people will move, and then get dismissed, the employer will then say no redundancy payment as less than two years service on the "new contract".
IN other words, your employer sounds like they are taking the p**s.
Now, call me an Oracle, but I rather suspect several people will move, and then get dismissed, the employer will then say no redundancy payment as less than two years service on the "new contract".
IN other words, your employer sounds like they are taking the p**s.
arcticGT said:
Thanks breadvan, I should add that the notice does indeed satisfy statutory rights ie. upto 12 weeks.
It's just the "trial" clause which states there will be a 3 month probationary period where employment may be terminated by either party with 1 weeks notice ?
Essayer, everything is computerised so periods of inactivity (or not calling/ using computer) can be monitored.
There is still an attempt to evade the statute, by proposing a notice period of one week during the BS probationary period. The employer cannot just zero the continuity of employment, as continuity is accrued regardless of changes in contract. Absent any break in continuity, an attempt by the employer to dismiss employees and claim that they lack sufficient continuity of employment to claim unfair dismissal would be bound to fail.It's just the "trial" clause which states there will be a 3 month probationary period where employment may be terminated by either party with 1 weeks notice ?
Essayer, everything is computerised so periods of inactivity (or not calling/ using computer) can be monitored.
If the employees together resist the new contracts (get a union involved if need be), they may be able to negotiate with more strength through unity. Unions are much maligned, but they used to be good at standing up to this sort of thing.
essayer said:
How on earth do they measure and track '3 minute inactivity' ?
Quite easily. The call centre system will log all calls and provide metrics to management as a matter of routine. Three minutes not on a call = no pay. "Quiet day? Tough".Based on the other disgraceful terms, that's how I'd imagine they would apply it sadly.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff