slagmagnet69

I am just wondering if anyone can help with a situation regarding my Contract of Employment.

Okay basically myself and 11 other colleague's are being asked to sign a new Contract of Employment. The Management claim that there is not enough money in the budget to keep paying us time and a half for Overtime worked.

They propose to pay us a one off payment of £3000 this April to sign the new contract, however in future any extra shifts worked will be paid at the normal shift rate.

We have only just been presented with this renewed contract today and they want us to sign it by the 2nd April, that's just four days to think this through. They want us to present it back to them or they claim that the change's will be happening regardless but anyone that does not sign it will simply just lose the £3000 incentive.

CAN THEY DO THIS - AND IF I DONT SIGN IT WILL MY EXISTING CONTRACT JUST CONTINUE ?

I basically want to know if I dont sign the new Contract will I still get paid time and a half when I work Overtime or am I just going to get shafted? WHAT SHOULD I DO?

Phil

My understanding [and you should seek proper legal advice ]

They can't impose a change that you don't agree to, if the do then just leave and claim constructive dismissal

You will need to weigh up their offer and the prospect of being unemployed with a payout from the company

but I will say this again seek proper legal advice

Do not rely soley on advice on here

Bram

Not exactly like your situation but here goes. But this is under Scots Law so I don't know if they would be a difference.

After some 10 years employment my Government Agency decided to rewrite our contracts. We refused under our union and did not sign them, etc.

But were told later as we had accepted our months salary after the implementation date, so we had accepted the new contract signed or not.

We should have refused our wages to show we did not accept, a catch 22. But since we accepted payment for time or work completed we accepted the new terms after being given notice in writing and dated, etc.

paulr

My contract (i work for TNT) says that any change in the contract requires 90 days notice. I'd read your old contract first.

Jesus H

You may well find that you will not get the option of doing overtime at all, if you dont sign the new contract. The overtime will probably go to those who do sign the new contract and you will lose out on both the payment and the overtime.

Richard_P

Is it a reasonable sized company? Do they have an HR department?

I'd imagine they are within their rights, whether it can take affect immediately i'm not so sure but with some notice your contract will be amendable.

speedking

What Bram said. Even if you don't sign then you will have been deemed to have accepted the new terms if you continue working after the new conditions have been imposed. Constructive dismissal claim is one option. Has there been any consultation? Don't forget that overtime is not a right. If you can easily get another job paying the same then go for it.

slagmagnet69

Okay guy's, thanks for all your help and advice I really appreciate it.

To be fair we have been in talks with the Management over the last 6 months. Unfortunately we were unable to find an alternative that both parties could agree on so they have basically shoved this in front of our face's and said like it or lump it. It's just that this is the first and last chance that we have had to look at the Contract.

It is only a small company with about 40 employee's and the new contract only affects 12 of us but we are not represented by a Union. Everyone is opposed to signing it but it seem's like we are left little or no choice.

It does appear that we have been backed into a corner and we have no option but to sign the damn thing. Loook's like we may aswell take the measly £3000.

r32

Try phoning ACAS, they are very helpful and will give you good advice.