Contract terms - they are trying to sneak a change

Bluehair

I signed an employment contract for a permanent position with a company (which I'd rather not identify) a few weeks ago for a job I'll be starting on Monday. The terms in the contract were clearly stated as a 30 hours spread over a 4 day week of their choosing plus 21 days a year annual leave.

Today in the post arrived new contracts stating 30 hours spread over the week on any hours of their choosing (i.e. split days, 5-day week etc.) and now 17 days leave. The letter said to sign these new contracts and return within two days or I would be deemed not to have accepted the position.

When I called the arguement essentially was that they had made an error on the earlier contract and it was out of line with what similar employees would be on. My arguement was we had both already signed the earlier contract in good faith and as I was happy to comply with the terms there-in I would also be holding them to the same terms.

Their HR dept was pretty unequivocal that unless I am prepared to sign the new contract I didn't have a job

This seems pretty shoddy to me and I'm determined to hold someones feet to the coals over it particularly the sneaky manner in which they attempted to get the second contract past me.

Any suggestions for how to proceed?

Xiney

welcome to employment while the country is in recession - if you don't let them screw you, they'll find someone else who will.

dodzy

Bluehair wrote: »

I signed an employment contract for a permanent position with a company (which I'd rather not identify) a few weeks ago for a job I'll be starting on Monday. The terms in the contract were clearly stated as a 30 hours spread over a 4 day week of their choosing plus 21 days a year annual leave.

Today in the post arrived new contracts stating 30 hours spread over the week on any hours of their choosing (i.e. split days, 5-day week etc.) and now 17 days leave. The letter said to sign these new contracts and return within two days or I would be deemed not to have accepted the position.

When I called the arguement essentially was that they had made an error on the earlier contract and it was out of line with what similar employees would be on. My arguement was we had both already signed the earlier contract in good faith and as I was happy to comply with the terms there-in I would also be holding them to the same terms.

Their HR dept was pretty unequivocal that unless I am prepared to sign the new contract I didn't have a job

This seems pretty shoddy to me and I'm determined to hold someones feet to the coals over it particularly the sneaky manner in which they attempted to get the second contract past me.

Any suggestions for how to proceed?

Their HR dept have screwed up as their "re-issued" contract breaks the minimum holiday entitlement for full time workers. Once you have worked a total of 1365 hrs in a year period you are entitled to a minimum of 4 weeks holidays.

This, combined with the fact that you have a jointly signed contract which they initially issued !

Bluehair

Xiney wrote: »

welcome to employment while the country is in recession - if you don't let them screw you, they'll find someone else who will.

Constructive dismissal then I presume.....

professore

Bluehair wrote: »

I signed an employment contract for a permanent position with a company (which I'd rather not identify) a few weeks ago for a job I'll be starting on Monday. The terms in the contract were clearly stated as a 30 hours spread over a 4 day week of their choosing plus 21 days a year annual leave.

They offer you a permanent position for a new job with no trial period ? Really ?
They must be a great company to work for.

professore

Bluehair wrote: »

I signed an employment contract for a permanent position with a company (which I'd rather not identify) a few weeks ago for a job I'll be starting on Monday. The terms in the contract were clearly stated as a 30 hours spread over a 4 day week of their choosing plus 21 days a year annual leave.

They offer you a permanent position for a new job with no trial period ? Really ?
They must be a great company to work for. HAS to be the public sector.

Bluehair

dodzy wrote: »

Their HR dept have screwed up as their "re-issued" contract breaks the minimum holiday entitlement for full time workers. Once you have worked a total of 1365 hrs in a year period you are entitled to a minimum of 4 weeks holidays.

It would be 4.25 weeks none-the-less bearing in mind it's part time hours.

dodzy wrote: »

This, combined with the fact that you have a jointly signed contract which they initially issued !

This is the point I'm most interested in pursuing and I'm hoping someone will have had a similar experience they could share!

Bluehair

professore wrote: »

They offer you a permanent position for a new job with no trial period ? Really ?
They must be a great company to work for. HAS to be the public sector.

Not public sector. I'd rather not get into the company or the nature of their work for identification reasons.

I'd previously worked with them for a number of years some years ago and my background and experience since is of value to them though obviously not unique enough to start screwing me around before my first days actual work! The annual leave is on top of public holidays if that is relevant at all.

m5ex9oqjawdg2i

professore wrote: »

They offer you a permanent position for a new job with no trial period ? Really ?
They must be a great company to work for. HAS to be the public sector.

GTFO, seriously...

OP, if you do not sign this you may not have a job, if you do not accept this you might find yourself out of work for a long time, you know? It's better than nothing, right? If you are really that unhappy, I suggest seeking a new job, BUT keep this one at the same time.

Bluehair

Jay Creamy Visionary wrote: »

OP, if you do not sign this you may not have a job, if you do not accept this you might find yourself out of work for a long time, you know?....

In case this wasn't clear from the first post I've already signed a contract, as have they, and one which I'm quite happy with.

Now they want me to sign a different contract on less generous terms, something that they attempted to sneak/bully past me which leads me to believe they realise they are on shakey ground.

leeroybrown

The first point I'll make is that as pointed out above they're asking you to sign away your statutory holiday rights. They can't legally do this.

The second point I'll make is that if you chose to fight the other change there's a very good chance that you'll find that they'll do what they mention and pull out of the first contract and you'll find it awkward to do anything about it.

Nody

leeroybrown wrote: »

The first point I'll make is that as pointed out above they're asking you to sign away your statutory holiday rights. They can't legally do this.

Actually they may not be breaking his statutory rights. He has the right to 20*8 hours of holiday which is 160 hours working full time. How ever he's not full time but on 30 hours a week, hence to get 20 days off in total he needs 20*6 or 120 hours and they are still meeting the criteria.

We had a similar case in my old company with 10h shifts where we only had 16 days off a year in our contract but our total allowed holiday hours a year meet the requirement. Hence the 17 days in his contract is most likely 17*8 or 136 hours of holiday which would meet the requirement of taking 20 days off (based on a 6h work day as they can now split his hours over 5 days).

Oh and a final question to the OP, is the salary the same? Because my guess is that the original contract was based on a a full time employement hence the question (though they may have gotten the salary right but forgot to change the rest).

mdebets

Bluehair wrote: »

In case this wasn't clear from the first post I've already signed a contract, as have they, and one which I'm quite happy with.

Now they want me to sign a different contract on less generous terms, something that they attempted to sneak/bully past me which leads me to believe they realise they are on shakey ground.

There are two points. They can't legally force you to sign the new contract and have to honour the old one as they signed them already.
However as you are probably on a probation periode when you start, they can let you go straight away when you start your job on Monday

leeroybrown

Nody wrote: »

Actually they may not be breaking his statutory rights. He has the right to 20*8 hours of holiday which is 160 hours working full time. How ever he's not full time but on 30 hours a week, hence to get 20 days off in total he needs 20*6 or 120 hours and they are still meeting the criteria.

Good point. That's what I get for posting before I've had my morning coffee.

zeusnero

With the current climate - factoring in the likelyhood that it might be difficult to get another job within the next month or two - I'd take it.

I'd then proceed to take those days that they screwed me out of, as days out on sick leave...

Xiney

Bluehair wrote: »

Constructive dismissal then I presume.....

Constructive dismissal is difficult to prove, but if you haven't even begun work it would be nigh on impossible.

PP is right, minimum holidays are not met so you should definitely inquire on that.


Go to citizens information really, they'll have the answers.