Q re employment contract

[licinius]

My employer wants me to sign a new contract of employment, but it contains references to a separate document which is not attached and I am not allowed to read. As I am unable to read the document I believe it is unfair/unlawful. How can I agree to terms to which I do not know? My employer is now applying pressure to me to sign the contract & constantly refuses to let me read the referenced OCPA document.


Is there anything I can say specifically to my employer quoting legal precedence?


The contract basically says I agree to terms of XXXXXX the OCPA. I really have absolutely no idea this document says

[nemesis45]

Re: Q re employment contract

This could be in reference to Occupational Pension Arrangement (s).
If your boss wont let you read is insist on an explanation.

nem

[licinius]

Re: Q re employment contract

No its the offshore contractors partnership agreement

[nemesis45]

Re: Q re employment contract

No its the offshore contractors partnership agreement

Ok could be anything from confidentiality, pay/condition employment term.
As far as I can see it could be any number of matters.
Sorry not to have been much help.

I would ask for an explanation of the sections you are agreeing to.

nem

[licinius]

Re: Q re employment contract

Surely if your contract directly references this document, it has to be attached to the contract for me to read?

[sean5302]

Re: Q re employment contract

Of course it does.
The over-riding question is "why would you want to change your contract?"
If your boss wants you to change, you need to have the choice to accept or decline.
As you can't see what he's offering, your current choice is to stay as you are.

[licinius]

Re: Q re employment contract

Thanks Sean

Is there anything specifically legal I can quote to them?

[sean5302]

Re: Q re employment contract

Yes.
Your current contract of employment is a formal, legal, binding contract.
You are under no obligation to accept any alteration.
If they are asking you to accept changes, you need to know precisely what those changes are.
You also need to know precisely what they are offering, should you decide to refuse the new terms.

[teaboy2]

Re: Q re employment contract

Thanks Sean

Is there anything specifically legal I can quote to them?

See section 6 of the employment rights act 1996 below:

Reasonably accessible document or collective agreement.

In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to an employee are references to a document or collective agreement which—

(a)the employee has reasonable opportunities of reading in the course of his employment, or

(b)is made reasonably accessible to the employee in some other way.

You can view the full act here - http://www.legislation.gov.uk/ukpga/1996/18/contents

So yes you do have a right to read documents that your contract relates to, especially if such documents form or effect the terms and conditions to the contract your being asked to sign.

Not only that but basic contract law requires that both parties be in position to negotiate the terms of a contract, this means both parties having full knowledge of the terms and being able to read/view any documents to which any terms relate to. Where a party is not allowed to view documents referred to in terms of the contract, then that term is likely to be deemed invalid by a court of law, and in some cases render the entire contract invalid and non binding.

But before quoting the law to your employer, do as what others have suggested and ask him for an explanation. Then come back here and tell us what the explanation was and we can help you from there, in regards as to what to state in your letter declining the terms and conditions of your contract of employment.

You are an employee and not a contractor aren't you?

[licinius]

Re: Q re employment contract

Thanks Teaboy, that's exactly what I was looking for

[licinius]

Re: Q re employment contract

I now have the requested document, along with a huffy email lol

[sean5302]

Re: Q re employment contract

Good.
I sometimes wonder how employers keep decent staff.

[teaboy2]

Re: Q re employment contract

Has there been any news since you requested the documents?