hoe does that work???

[bartkusal]

After 7.5 years of employment I received form to sign to the amendment of contract, so basically all that nonce, that employment is better than self-employed in regards stability is down the window. Below is cut out of amendment. Not sure how is this ok???

The undernoted amendments have been made to your terms and conditions of employment. The amendments are applicable with effect from 13[SUP]th[/SUP] July 2013.

The following clause has been added in your contract of employment:

Short-Time Working and Lay Off:
The Company reserves the right to introduce short time working or a period of temporary lay off without pay (with the exception of any statutory entitlement) where this is necessary to avoid redundancies, where work cannot be performed due to exceptional circumstances, or where there is a shortage of work.


Acknowledgement:
I acknowledge receipt of this statement and I confirm that I have read and understand it.

 

[flyingsausage]

A contract is a signed legally binding document between two (or more) parties. Therefore it requires the two parties signatures to amend/change the contents of that contract. ....In other words if the contract was on an ongoing term, one party cannot cancel or set a change to term dates...

A lot depends on the wording content of the original contract, as what can and can't be done!!...

I agree with what you are saying but the likes of Baileys,Balfours,Crown House etc were doing this in a legal way.
We had a lawyer into a union meeting to explain this to us,they were giving the men a cancel date on their existing contracts and issuing them with a new contract,and if the new contract was not returned to them signed for a certain date you were out off a job.
The idea is you can't be employed without a valid contract of employment - if you did not sign the BESNA cotract you were entilted to nothing from the employer.
AND ALL THIS WAS LEGAL.

 

[plugsandsparks]

It looks like an attempt to change your "full time" contract to one of a temporary casual basis. There may be implications in other parts of the contract that state who and what you can do whilst "employed" by them ( i.e. to fill in the gaps, say with a competitor)

If it was me i would not sign and look for another job, if they want rid then you have redundancy and whatever notice period they are obliged to give.

An employment lawyer may give you some better advice about this, i.e. its a material change to the contract that leaves you needing to seek other work to pay the bills etc.

Good Luck, hope it goes well

 

[ayjay]

bart- unfortunatly working for someone else is rubbish they dont give a s--t about you/employees, you are there to earn them a profit
if the work drys up as it has they just throw u away

 

[Robotstar5]

If he is hoping to avoid redundancy compensation by laying off one/some employees and that will result in them 'not coming back' then that would be considered constructive dismissal.

I had that done to me about 10 years ago, couldn't claim against the company as he folded it and started a new one!

 

[i=p/u]

I working for company at minute who look after schools and the like, said when started. Plenty of work , he just txt to say take tomorrow off . Didn't want tomorrow off, feel like txt n him saying forget about it lol

 

[flyingsausage]

After 7.5 years of employment I received form to sign to the amendment of contract, so basically all that nonce, that employment is better than self-employed in regards stability is down the window. Below is cut out of amendment. Not sure how is this ok???

The undernoted amendments have been made to your terms and conditions of employment. The amendments are applicable with effect from 13[SUP]th[/SUP] July 2013.

The following clause has been added in your contract of employment:

Short-Time Working and Lay Off:
The Company reserves the right to introduce short time working or a period of temporary lay off without pay (with the exception of any statutory entitlement) where this is necessary to avoid redundancies, where work cannot be performed due to exceptional circumstances, or where there is a shortage of work.


Acknowledgement:
I acknowledge receipt of this statement and I confirm that I have read and understand it.

Having read this post and thought about it your employer is seeking to change your terms and conditions.

Your employer is trying to cover himself for a time when there is not enough work to cover everyone that works for him,he is trying to cover himself by a temporary lay off where he does not have to pay you,or reduced hours,but he will honor holiday pay and any benefits you are entilted too.
This will not effect the time you have accrued with him regarding redundancy.

This is a standard for most businesses these days,if your boss has been decent to work for sign the contract and forget about it,and ignore all the knee jerk reactions that get posted.
If your boss is rubbish to work for then it could be time to start looking,it is up to you.

If you get a temporay lay off for a few weeks you just jump to an agency and tell your boss nothing about it.

 

[44ALLAN]

Your contract is worth what it says until the company you work for decides to change it...............'re-organisation' is the new word guys sorry to say.

They need to give you notice of their intent to change your contract up to a week for every year you've worked(maximum 12 weeks)................you then accept new terms or they can boot u simple as that.

'Company re-structuring' is now their legal way of getting rid of whoever they want unfortunately.

 

[flyingsausage]

I working for company at minute who look after schools and the like, said when started. Plenty of work , he just txt to say take tomorrow off . Didn't want tomorrow off, feel like txt n him saying forget about it lol

I had that once with a mob I was working for through an agency,I worked for four weeks and worked all the hours and then got told 'we don't have much work on'.
They were expecting me to phone then at six in the morning to find out if I was getting a shift,this went on for a week and I got to work every shift and got myself another job for the next week,and just phoned the agency to say I had another job.

 

[GLENNSPARK]

My thoughts exactly. I have contracts of employment with my full time employees and the terms of those contracts can't be changed unless by mutual agreement of both parties. There may be exceptions to this if there is a change in employment law and a term of the existing employment contract falls foul of the law change but as an employer I can't just change the contract willy nilly.[/QUOTE]welcome to post millennium britain ...