Temporary contract rights

[Dofeboy]

Good morning.
I'll try to be as descriptive as I can but no doubt I'll miss something important and will add at a later time.

Since October 2016 I have been on a temporary contract as a hgv night driver with a large bakery. Contract started at 3 months then renewed for 6 months at a time from then on.

the company is going through changes and.will soon be opening another depot taking some of our shops and will be introducing an afternoon shift.

so, the company has stopped taking on anymore temporary contracts and have started using an agency. With the afternoon shifts about to start they have told all temp contracts (about 12) if they don't get volunteers they will be put on afternoons.

so, my questions.

1. Changing shift from nights to afternoons is perfectly feasible if done with notice and within regulations correct?

2. This is where I think my argument lies. Having been employed for over 2 years continuously I fall into different rights? Therefore, if no full time employee has been told they have to do afternoons is this fair? Also if they continue to use agency on nights and force temps on to days is that fair?

3 Finally, my current contract was due to expire in August 2019. I had a letter 3 weeks ago containing a new contract stating it has been extended to 30th may 2019. Clearly not an extension but a contraction. Any views on this?

Can they force me on days and end my contract if not?

I have tried to be as clear and concise as possible. Out union is not very good to say the least and has taken to ignoring my awkward questions. So any help appreciated. If you need further information that I've missed please contact me.

[ULA]

I am presuming that the temporary contracts are effectively fixed term contracts renewed each time for a specified period.

In answer to your questions:

1. If they decide to change your hours/shift mid contract, then this is feasible but they need to give you reasonable notice and then confirm the change to you in writing.
2. Your employer must not treat you less favourably than permanent employees doing the same or largely the same job, unless your employer can show that there is a good business reason to do so. So it would depend on whether they can argue this last point in not asking permanent employees to change shifts.
3. Firstly, I would go and ask whether there is an error since if the new contract clearly states it is an extension to your current contract then this is not the case. If its an error problem solved if not, then what are the notice provisions in your current contract? Also what shift does this new contract have you working?
4. What your employer could do is give you notice in accordance with the notice provision in your fixed term contract, assuming there is one and then offer you a new contract on the new hours that cover the afternoon shift.

Hope that helps but if you have any other questions please just come back and ask.

[Dofeboy]

Thanks for reply.

yes it's fixed term and renewed every 3/6 months. They have always used this and usually made permanent within 2 years at the very most.

The contract wasn't mistake as sent to all temps with over 3 months remaining and when questioned they said to ignore it?? Was for the same shift.

Now if they give notice and offer me a contract on days isn't that the same as being pushed on to days? Ie accept contract or leave.

seems a very dubious area with no answer. With our union being so bad I am unsure how to argue the case and they are just steam rolling the others.

surely the argument is that if I shoulnt be treated any differently to a permanent member then I have a case. However, if they can argue correctly it doesn't count? With a new depot opening I feel I have my hands tied but the last 6 month's they have been using agency (currently 6). So why should I be moved to make way for the agency. The work is there they are just giving it to agency while moving temps.

it's a nightmare company with form for doing shitty things like this and making their own rules up as they go.

[ULA]

Have you had confirmation in writing to ignore the "new contract"?

I mentioned the notice and offering a new contract because, as a very last resort, if an employer cannot get a collective agreement if you are unionised or an individual's agreement if not to a change in a term of employment they can end a contract and re-employ on the new terms and conditions - even for permanent staff. However they do open themselves to a claim for breach of contract or unfair dismissal.

Given you are on a fixed term contract if there is no notice provision they could allow the current contract to come to its natural end when it expires in August but then in offering you a new contract change the shift pattern to the afternoon.

If they are just targeting fixed term contract staff to move to the afternoon shift and not the permanent members of staff then there is an argument that this is less favourable treatment but as you say with a new depot opening they are likely to use this as a business reason for doing so because that possibility is there. However I am not sure that this of itself justifies not asking volunteers from the permanent staff to move to the afternoon shift, who knows they may even get some agreeing?

Have you/the union suggested to the employer that if they open it up to permanent staff then they may get the volunteers they need without having to proceed down a route that forces people to change without their agreement.

[Dofeboy]

No not had written confirmation just verbal from HR which is worth nothing.

They have opened it up to volunteers. But didn't get any, so they are pushing the temps and accepting no from the perms with no question.

Would they need a good reason to change the shift? After doing nearly 3 years on nights it's presumed.i am.a night driver? If not and I refuse the new contract would they have a problem not renewing my contract when there is plenty of work here (would need to replace me) its just being given to agency.

The overall.plan is afternoons start next month and the new depot opens in October. They have the right amount of drivers, once the agency are laid off, not to need to lay anyone off. So, they are pushing temps onto afternoons now and get rid of the ones that won't, backfill nights with agency. Then when other depot opens get rid of agency.

I get the idea but they are trying to make it easy for themselves by being lazy and taking the path of least resistance.

However, their laziness is impacting me and a few.others and.have the concern it's not being done correctly.

[ULA]

Companies have to be allowed to adapt to the changing needs of their businesses and in some cases this may mean having to vary terms and conditions of employment. From what you have said with the opening of a new depot the reason to change the shift are for operational and business reasons related to that opening.

Unfortunately being on a fixed term contract which has an end date to it the company does not have to automatically provide you with a new contract when your current one expires in August. Also so you are aware they could offer you a new contract but on different terms.

I think you and your colleagues need to decide whether as a group, with or without support of your union, you arrange to speak with someone in management/HR about the potential of them being seen to be treating their fixed term contract employees less favourably than permanent employees over this matter.

Just to let you know I am needing to go now but will be back on-line tomorrow morning in case you post anything back and wonder why you do not get any further responses this evening.

[Dofeboy]

Yes all makes sense. I just can't get my head around that after 2 years employment law says I have same rights as permanent staff but there are so many ways around it for companies.

I agree they have to adapt but surely they can't single 6 people out on temporary contracts and threaten them with their job and not touch the permanent workforce?

although on a fixed term contract they would need good.reason not to renew it if the work is still here? So, if they are still using agency there is need for a driver as an example?

there are a group of us pushing but our union has come up with advice 'they can do what they want and now won't answer my messages? Can I claim my union fees back for them being so bad?


I know I'm going on but I quite like my job and can see there is an argument there but not sure whether it's good enough or not. From a basic employment law stance I am being treated less favourably than permanent workers. However, they are such a big company they have this tied up in knots and are used to bullying tactics so hard to fight.

[ULA]

I think you/your colleagues need to decide whether you are going to raise this as an issue of your being less favourably treated than your permanent colleagues as you are being forced to change to an afternoon shift and they are not.

I doubt if you can claim your union fees back so i

s there someone else at the union you can speak to if you are not getting a response from the person you are currently dealing with?

As you have two year's service on fixed term contracts the company would need to show that there is a fair reason for not renewing the contract.

[Dofeboy]

Thanks I really do appreciate the advice.

the rest of my colleagues won't rock the boat as this place holds huge grudges, so I'm on my own.

I am talking to the top regional gut in the union and he's blanking me, can't really go much higher.

my contract is up for renewal in the next 2 weeks and they are taking on 5 more agency staff due to lack.of drivers. I'll have to see how it goes and play it by ear. They have all the routes ready but not told.me anything yet and.it starts next week. Should I have had more official notice?

Anyone else reading this need a class 1 driver in the South Wales area? Hit me up I'm in the market for a new job.

[ULA]

If they are going to move you to a new shift which is different from the one detailed in your fixed term contract, although you have known about the fact it could change verbally, I would suggest that good practice would require you receive written confirmation of any change to the shift hours giving the start date for the change to take place.

Also I presume you now believe that the contract is up for renewal in 2 weeks due to the apparent date in the "extended contract" that you are not sure whether to ignore or not?

Just wondering whether it would be worth you giving HR a call to find out what is happening in terms of a) details of any changes to your shift and b) has the new contract superseded the one that was to expire in August and if so can they confirm whether you are being offered a new contract?