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contract and associated problems

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  • contract and associated problems

    Hi forum folks, new today but wish Id found this site a while ago...hoping you can help

    Started work beginning january 2012. In july last year the company issued a letter that we were all getting new contracts and the main point was to alter the holiday allowance and its usage. NOWHERE did they say that some would be converting to fixed term contracts. They hand delivered them 1 week before the deadline to sign or...you would not get your new pay rate backdated for that month (woo) at 5% above NMW thats not a big incentive to just quickly and blindly sign- is it. It was a real shock to read a termination date I can tell you. Out of 20 doing exactly the same job 9 of us were on these contracts. The reason was put in the contract and it was `for those with less than 2 years service' At that point I was a few months away from that amount.

    One of the supervisors heard that a manager was coming to answer any queries..that didnt happen. I had queries, big ones and as the upper managers are stationed 7 miles away with no direct phone numbers or email addresses I went elsewhere to get my facts straight but had conflicting advice from both the usual bodies the public can go to. One told me to refuse and see what happens and the other told me to sign because in the end they can force me to or fire me. Confused still I wouldnt sign. A few days before the date I get a call asking me where my contract is, I get taken into the rest room and unofficially told Im being silly and I will be given a new contract after the date is up, I point out it doesnt say that.

    Im just about to go home one night 2 days before the deadline and get told to `come with me' by a manager...there in another room are 3 of the top guys standing over me. 45 minutes later with no one to hear what theyve said, Ive been told to sign or they will sack me anyway.They give me an extra week to calm down and feel `settled' (to me god cop bad cop tactics) 5 days later Im getting a call to say what am I doing, a day later I get a letter saying they hope they have put my mind at rest during the meeting without elaborating on the issues discussed (no they hadnt) but if I refuse to sign I am willingly terminating my employment.... I had to sign having no other income or another job to go to and earning just over MNW I have little savings.

    The company is nepotistic, virtually everyone knows each other from years ago. If your face doesnt fit then you get the worst shifts, the dregs of the shifts, little privileges are kept for the favourite, the cliques.

    My problem now is that come end september Im gone unyet I hear from others that the contracts will automatically be renewed. I heard that myself when under pressure to sign unyet its not out there being said out loud. The company gave no real solid reason when I asked them why FT for some? they said we dont want to discuss that at this stage. Thats dreadful that they cant reveal the truth then backtracked saying its for those who havent completed 2 years, is that seriously a valid reason?? Then they also said...sometimes we employ people and then things come to light about them and we dont want to have to keep them. Yes we have some dodgy people there but thats their fault for employing them, peoples family and neighbours and they can discipline or fire with less than 2yrs service....but not me as I, like 3 out of the 9 of FT started pre april 2012.

    Just recently someone has left and have those full shifts been offered out fairly? no they are being quietly and sneakily passed over to others. They say that they need some people to be very flexible as they fell into a rut with others settling into definite patterns and never helping out but..again.. they let that happen. I have no idea what days Im working each week. Im emotionally exhausted, depressed actually and financially have hardly anything to show for all the stress and negativity I have put up with for 2.5 years. Im like the new girl, the agency staff...still. Mostly because Im not someones schoolfriend or sister.

    Yes Ive gone on but I had to paint the full pic, sorry folks:tinysmile_hmm_t2: what do you suggest?
    Tags: None

  • #2
    Re: contract and associated problems

    Hi and welcome, although major changes to an employment contracts need to be given 1 months notice in writing (which gives you 1 month to digest, get advice or negotiate), this has dragged on, and has become complex.
    I would advise you to find a good employment laywer, or talk to ACAS, because there comes a point in a dispute of what is said, and what can be proven becomes the defining point in a legal case.
    As your case is complex it would take someone who is experienced in devising a strategy to deal with devious/clever companies

    Comment


    • #3
      Re: contract and associated problems

      Does your original contract give a date of termination? If not then they can not simply sack you, nor can they force you to sign the new fixed term contract and you should simply put in writing that you will not be signing the new contract and will work according to your current full time contract that is not fixed term, and any attempt to sack you as a result will be met with legal action for breach of contract and constructive dismissal. Not to mention the bullying and harassing nature in which they have used to try and persuade you to sign the new contract.

      Also remind them that as you already have over 2 years service you are eligible to take any dispute to employment tribunal.

      Make sure you send the letter recorded delivery so you have prove it is signed for, and therefore prove it was received by them.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: contract and associated problems

        Thanks so far strange and teaboy. Strange, yes you realise they are clever/edevious employers and its nice to see someone else noticed. Teaboy and anyone else...the contract was signed...last year. I never had an original written statement or contract ...no one ever has. Its like they pulled their socks up when they created new contracts, someone must have got them worried. I had to sign or they told me they would terminate me, even gave me a letter. In the meeting (see OP) I was told that if I tried for unfair dismissal, Id get very little and it would cost me and Id still have no job. Shocking isnt it. Dont think for a second Im a bad employee....less than 1 week sick in 2.5 years. Punctuality perfect. Work rate output one of the highest. Im just not part of the herd. Its very upsetting.

        Comment


        • #5
          Re: contract and associated problems

          If you signed the new contract last year, then not a lot you can do now. Though they should have paid you notice pay and accrued holiday pay when the original contract was terminated and replaced with the fixed term contract.

          My advise to you now, given the hassle and stress fighting back will course, is for you to get out and find employment elsewhere as soon as you can.

          Its a shame you didn't come to us before signing the new contract as then we could have done something and it would have been so much easier to fight them prior to signing the new contract.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: contract and associated problems

            Hi again, to clarify if poss....
            *Termination date is stated unyet a couple of us have been told in passing that the contracts will be extended...would I be sensible to believe this without it being said openly?
            *Fixed term- how can they just switch me from permnant to fixed term anyway? though its done now Id like to know is that legal? remember I started pre april 2012 and had been a permanent staff for 21 months when they decided to bring in these FT contracts.
            *Recent mem of staff left leaving her hours and shifts spare, how are they correctly supposed to fill those shifts? Isnt it supposed to be that they are offered out evenly to give the FT staff a chance at more permanent work?

            No the stress isnt worth it. Im desperate to leave because Im so anxious and feel like I have to be very cautious all the time but I cant find another job.

            Comment


            • #7
              Re: contract and associated problems

              If you never had a written contract prior to signing the fixed term one, then your case would be pretty weak. The fact its now been a year as well since you signed the fixed term one doesn't help either.

              You may be better of finding alternative employment to be honest, or waiting to see if they renew your contract when it runs out. As you don't really have much to go on, which is a pain, as i do not agree with that they have done at all.
              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

              The Governess; 6th March 2012 GRRRRRR

              Comment

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