Contract question...

Nervous Wreck

Not seeking legal advice, just wondering about something...

I've been working steadily in my job for 4 years now and yesterday was given a contract to sign. It doesn't really relate to my hours etc but is basically to inform that double pay for Sunday work is being cut to time and a quarter. The 'contract' is basically to accept that fact. Not really a big deal; that's life and I hardly ever work Sundays anyway. However, when one of the lads said to the Asst. Manager "What happens if I don't sign this?" he was told "You'll be out of a job."

Is it really legal to sack someone for that? Or even to threaten them with a firing? Doesn't make much odds to me as I'm gonna sign it anyway (as I said, it's not that big a deal to me) but I don't like seeing people pushed around with threats like that when I'm not sure it's even legal...

Ken.

Have ye got a union in your job?. If you do advise your workmate go talk to them.

Paulw

They tried to do something similar in our place, and we were advised by the Union not to sign. They can't force you to change working conditions like that. You must agree to it.

And, if they fire you because you don't sign, you just find a good solicitor and take a case for wrongful dismissal or constructive dismissal, depending on which route they take.

Nervous Wreck

lucyfur09 wrote: »

Have ye got a union in your job?. If you do advise your workmate go talk to them.

Unfortunately, no.

Paulw wrote: »

They tried to do something similar in our place, and we were advised by the Union not to sign. They can't force you to change working conditions like that. You must agree to it.

And, if they fire you because you don't sign, you just find a good solicitor and take a case for wrongful dismissal or constructive dismissal, depending on which route they take.

By any chance, would you have a link to anything that would back that up solidly. We have a meeting about it at 5:30 and showing up with a printout of a legal doc would not be a bad idea...

Nervous Wreck

One further question....

In the new contract, there is a line saying "Your rate of remuneration is ________ per hour." There is no figure written in that space. When one of the lads (been there 5 years) asked the Asst. Manager about this, he was told "We'll put that in later, just sign it" which he then declined to do. He, like myself, is not on minimum wage but fears that if he signs it, they'll simply fill in a lower rate of pay than he is currently getting. Obviously we won't be signing until it's filled in but my question is can they arbitrarily decide to dock people's pay like that on a whim, should that be the route they're going?

Paulw

There is nothing specific as such.

They are offering you a new contract (with new terms and conditions). You have no obligation to sign it.

If they could force new conditions on you, they wouldn't need you to sign a document. They need your agreement, hence they give you a new contract to sign.

Paulw

Nervous Wreck wrote: »

One further question....

In the new contract, there is a line saying "Your rate of remuneration is ________ per hour." There is no figure written in that space. When one of the lads (been there 5 years) asked the Asst. Manager about this, he was told "We'll put that in later, just sign it" which he then declined to do. He, like myself, is not on minimum wage but fears that if he signs it, they'll simply fill in a lower rate of pay than he is currently getting. Obviously we won't be signing until it's filled in but my question is can they arbitrarily decide to dock people's pay like that on a whim, should that be the route they're going?

Only a fool would sign a blank document. Make sure there are no blanks, especially like this, and make sure there are 2 copies, one for you, one for the company, both signed by you AND the company, and dated.

If you sign a blank, then yes, they can put in any figure they want.

Sounds like a very poorly run company. You really should consult a union or an employment law solicitor.

Nervous Wreck

Paulw wrote: »

Only a fool would sign a blank document. Make sure there are no blanks, especially like this, and make sure there are 2 copies, one for you, one for the company, both signed by you AND the company, and dated.

If you sign a blank, then yes, they can put in any figure they want.

Sounds like a very poorly run company. You really should consult a union or an employment law solicitor.

But otherwise, an out of the blue paycut isn't viable for them?

Paulw

They can't cut your pay, nor change any conditions of employment without your expressed agreement.

That's obviously why they're asking people to sign new contracts.

Nervous Wreck

Paulw wrote: »

They can't cut your pay, nor change any conditions of employment without your expressed agreement.

That's obviously why they're asking people to sign new contracts.

Awesome, thanks a million!