Employment Contract question.

Discussion in 'General Chat' started by Rog69, Aug 17, 2017.

  1. Rog69

    Rog69
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    I know this is the general chat section of an AV enthusiast forum :), but it seems like a good place to ask because I know we have a few people around here who are knowledgable on stuff like this.

    Earlier this year the company I work for was taken over by a larger company. We are still running pretty much as we were but now as part of a bigger group.

    One of the things the new company did was to issue us all with new contracts to bring everybody into line, everybody at my existing company seemed to be on different contracts and T&C's etc, so this made a lot of sense.

    The problem is that the contract they issued to me was an appalling mess. It was copy and pasted from a basic template and had great swathes of text crossed out and parts with <insert text here> just left like that. It also had things that were just not relevant to my position and stuff that should have been in there that wasn't, namely there was no mention of my private healthcare and guaranteed annual bonus. The whole thing felt as though it was a copy and paste job that they found online somewhere and it bore little relevance to my actual job and was very different to my original contract.

    Naturally I didn't sign it and approached my manager with a list of things that either I wanted clarifying or that I just wasn't happy with. We had a phone conversation about it and then I put everything down in writing so he could take it further with the company director who was driving the contract change.

    Despite a couple of follow-up attempts I heard nothing back. There was no further communication from my employer on the subject and I wasn't pressured further to sign the new contract. I didn't rock the boat too much at the time as I had been in the position for less than two years and could have potentially been on shaky ground with my job as we were a little top heavy with staff in my department, and I was also talking to another company about a new position at the time.

    Throughout all this I was never given a clear deadline to sign the new contract, nor was any consultation period specified. Now I understand that normally if I carry on working without signing a new contract it is assumed that I accept the terms and then the contract is in place, but in these circumstances does that apply? I have had absolutely no communication to say that I am now working under the new contract.

    I honestly didn't expect to still be in this job by now, but due to other circumstances outside of work I had to suspend my plans to move for a while, but now I am approaching the time when my annual bonus is / would have been due. I just wanted some clarification on where I stand contract wise, I fully expect not to receive my bonus without a fight and before I raise a grievance It would be good to understand what kind of a footing I am on.
     
  2. RBZ5416

    RBZ5416
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    Maybe this should be a sticky...

    ACAS

    Changing an employment contract - GOV.UK

    I would imagine your next step would be to raise a formal grievance that they haven't responded to your rejection of the contract. But as always ACAS will have the best advice.
     
    Last edited: Aug 17, 2017
  3. Astaroth

    Astaroth
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    Agree with speaking to ACAS for advice.

    Generally speaking under TUPE rules a contract change can only be pushed through under "ETO" reasons (economic, technical or organisational) and not simply because its a mess.

    In general you're deemed to have accepted a contract if you act as if you have however in this case you've already got a contract and raised your objection to the new one and as such I'd be highly surprised if they could argue that your continuing to turn up to work is evidence of acceptance of the new terms
     
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  4. John

    John
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    Very few read stickies, harsh but true
     
  5. Trollslayer

    Trollslayer
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    Astaroth - if the contract has not been finished as this clearly has not then I doubt that new conditions apply but as others have said, best get professional advice from ACAS or a lawyer.
     
  6. Rog69

    Rog69
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    Thanks for the advice all, I will contact ACAS next week and see if they can advise where I stand.
     

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