Can my employer Do this?

Author
Discussion

CoolHands

18,652 posts

195 months

Saturday 18th July 2020
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Why are they rushing you into it? Tell them to fk off you’re lawyer needs more time to read it, he’s a very busy guy! Might make them think on

2gins

2,839 posts

162 months

Saturday 18th July 2020
quotequote all
At the very least you want them to confirm in writing that you will have continuous service from the originsl start date in 2017 because if they want to reset the clock with this contract, you'll need another 2 years service before you get proper redundancy rights etc. You have thst now, keep it.

usn90

Original Poster:

1,419 posts

70 months

Saturday 18th July 2020
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C4ME said:
From your earlier posts I believe you have said your current contract specifies 07:30 - 17:00 (you posted - "My contract states my current hours, however it also says 'your amount of hours or times may be changed to suit business demands', or to that effect").

You really need to understand in detail what your current contract says on

1/ The times and hours you are expected to work.
2/ The terms under which they can be changed.

You will then need to compare it to what your new contract says on the same two things.
My current contract

Stated in offer letter:
Your hours of work will be based on a normal working week of 07:30-17:00, however due to the nature of this position you may be required to work additional hours to fulfil your responsibility’s, extra payments will be made at your normal hourly rate for this additional time

Stated in contract
“Your normal hours of work are set out in your offer letter (which I have and are the mentioned times) however, your normal hours of work may vary , depending on departmental or local requirements

Will check on the new terms

usn90

Original Poster:

1,419 posts

70 months

Saturday 18th July 2020
quotequote all
2gins said:
At the very least you want them to confirm in writing that you will have continuous service from the originsl start date in 2017 because if they want to reset the clock with this contract, you'll need another 2 years service before you get proper redundancy rights etc. You have thst now, keep it.
Good advice thanks

Ilovejapcrap

3,284 posts

112 months

Saturday 18th July 2020
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I’m currently looking at work changing my hours of work from standby to actuall all night shift. Keep updating OP interesting thread.

usn90

Original Poster:

1,419 posts

70 months

Monday 20th July 2020
quotequote all
Ok so I emailed HR, along the lines of the following

1- why I need to sign considering there no change

2- is the statement about changing hours generic or a change of terms

3. Continuous service

Response

“Thanks for your email.

Although there is no change to your shift pattern we ask that you tick to agree that you have read this letter as confirmation of your shift pattern moving forwards. Your service will be continuous and there are no other changes to your terms and conditions.

If there are any further changes to shift patterns required in the future then we will discuss that with you at the time.”


It doesn’t exactly state if the statement was generic but it does say there are no other changes to your T&C’s. I don’t know why they felt the need to repeat the statement though.

So I think I’m ok to agree seen as I have the above in writing?

Jasandjules

69,910 posts

229 months

Monday 20th July 2020
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A cynic might ask why you are signing a "new" contract when no "new" terms are engaged....

CubanPete

3,630 posts

188 months

Monday 20th July 2020
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Still looks like you are agreeing to future changes.

usn90

Original Poster:

1,419 posts

70 months

Monday 20th July 2020
quotequote all
The document states “tick the box to agree to the changes”

Whereas in the email, it states

“tick to confirm you’ve read the letter”

I was thinking of replying with this

“Thank you for getting back to me, I really don’t feel comfortable ticking the letter as there is no changes to my shift pattern, but I can confirm that I have read the letter and understand that there is no change to my terms and conditions.”

What do you think?

xjay1337

15,966 posts

118 months

Monday 20th July 2020
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ClaphamGT3 said:
Is there a reason why you can't simply arrange childcare like most couples who work broadly the same hours do?
Ah yes, child care for 9-5 while you sleep, and then child care from 5-9 while you work - so you don't have any time with your children.

Work to live, don't live to work.

iphonedyou

9,253 posts

157 months

Tuesday 21st July 2020
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usn90 said:
The document states “tick the box to agree to the changes”

Whereas in the email, it states

“tick to confirm you’ve read the letter”

I was thinking of replying with this

“Thank you for getting back to me, I really don’t feel comfortable ticking the letter as there is no changes to my shift pattern, but I can confirm that I have read the letter and understand that there is no change to my terms and conditions.”

What do you think?
That's not going to work. Unfortunately - genuinely - your discomfort in signing changes nothing.

CoolHands

18,652 posts

195 months

Tuesday 21st July 2020
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Just tell them you’re not signing. Ball’s in their court and see what they do next.

xyz123

998 posts

129 months

Tuesday 21st July 2020
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usn90 said:
Ok so I emailed HR, along the lines of the following

1- why I need to sign considering there no change

2- is the statement about changing hours generic or a change of terms

3. Continuous service

Response

“Thanks for your email.

Although there is no change to your shift pattern we ask that you tick to agree that you have read this letter as confirmation of your shift pattern moving forwards. Your service will be continuous and there are no other changes to your terms and conditions.

If there are any further changes to shift patterns required in the future then we will discuss that with you at the time.”


It doesn’t exactly state if the statement was generic but it does say there are no other changes to your T&C’s. I don’t know why they felt the need to repeat the statement though.

So I think I’m ok to agree seen as I have the above in writing?
So your contract has not really changed as in you still have written confirmation of what hours are you working and it works for you. The bit at the end about future changes, it's not really different to your current contract from what you have posted here. Any change to written contract requires agreement from both parties. In this case, if you refuse then company may need to make redundancy payments (I emphasise "may" as can depend on your contact).

Have you had any other problems at work? Unfair dismissal may sound glsmaarous but maybe a stretch here based on information you have shared here...