HR at work putting clauses in my contract

[GoatersLeftShin]

‘The company have repeatedly told me I'm essential and irreplaceable and they've been good to work for. This is partly why I'm concerned.’

Hmmmm sounds like a vote of confidence from the Chairman.

They are trying to bring in someone with a smaller skill set than I have and it's proving impossible.

In the last few years I've pretty much transformed the company. Not blowing my own trumpet, but I know I'm good - every where I contracted they wanted me to stay!

Over the last year I've lead the team to overall the IT infrastructure, websites, coding and modernised the lot. We're getting compliments from some big companies about what we (I've) done!

 

[LongsightM13]

Fundamental change to the terms of your contract of employment. It sounds appallingly one sided in their favour. Basically they can fuck you off when they feel like it, but if you want to do the same, you need to give them two months notice.
Sign fuck all. It is almost certainly illegal and a tribunal would have a field day.
They need to offer you redundancy terms if you disagree.
Join a union

 

[GoatersLeftShin]

@LongsightM13 if I don't accept the new terms, will I be made redundant?

 

[LongsightM13]

@LongsightM13 if I don't accept the new terms, will I be made redundant?

They may do so, yes. You can then take them to an employment tribunal for constructive dismissal on the grounds that the change to contractual terms was grossly and obviously unfair.
Granted, that would be an extreme move but as a former shop steward my experience is that they usually cave on the morning of the hearing and belatedly pay up a decent settlement.
That said, you say you like working there so such an adversarial approach might not be your choice.
I would look for another job if I were you. I have personal experience of this - Just because they have been sound in the past doesn’t stop them suddenly being cunts.

 

[ChicagoBlue]

As always, if you don’t like the terms and conditions of your employment, you are free to leave at the time of your choosing.

Now might be a good time to begin that search for fresh fields.

You appear to be in a growing, lucrative career field, so should have no trouble gaining new employment.

As has also been suggested, you’re in an excellent career field for freelancing, which you may find more suitable.

Good luck. I have worked within a union for almost my adult life and those $100,000+ in dues have been priceless.

 

[LongsightM13]

As always, if you don’t like the terms and conditions of your employment, you are free to leave at the time of your choosing.

Now might be a good time to begin that search for fresh fields.

You appear to be in a growing, lucrative career field, so should have no trouble gaining new employment.

As has also been suggested, you’re in an excellent career field for freelancing, which you may find more suitable.

Good luck. I have worked within a union for almost my adult life and those $100,000+ in dues have been priceless.

Correct. The relative pittance you pay for union dues is rarely money spent badly when the shit hits the fan. Free legal advice, plus the psychological ‘muscle’.
The sellout Tory cunts who pay their kids’ private school fees, buy a new Audi and generally feather their own nests by laying people off are shit scared of trained union negotiators calling out their bullshit. They hate a mirror being held up to their own greed.
I have been made redundant three times. I have no doubt whatsoever that being an active trade unionist ensured I was offered significantly better terms and a better deal every single time.

 

[Citizen of Legoland]

beware IR35, contracting/freelance isn't what it was

In what way, flook? You can get contracts checked over and even get insurance to cover yourself, plus your agency and their client if you wanted, in case of an HMRC investigation. Rates are increasing too. Saw one today for £600 a day (inside IR35) for 6 months, fully remote.

I'm struggling to see the downside.

 

[nmc]

Hi all

I was called into a meeting with HR at work and basically they want to change everyone's contract at work so that it has 2 new clauses.

The first one sounds very fishy to me. They want to be able to lay off (unpaid) or short time us if there's "tough circumstances" and they are using covid as an example if furlough wasn't available. Obviously "tough circumstances" can meet quite a lot too.

They say a short layoff would help the company recover and protect jobs. It can only be used if there's not enough work, but given were snowed under I can't imagine this would be used, unless I was leaving.

The second one is that they also want us to extend our notice period from 1 month to 2 months. I don't have a big problem with this but it feels odd given I could potentially not be paid as part of it!

I'm in IT and never seen a short hours clause in any contract before and I've been around a fair bit! The company have repeatedly told me I'm essential and irreplaceable and they've been good to work for. This is partly why I'm concerned.

We've had our first meeting and I've been told everyone else has accepted it no problem which I'm astonished by. I've not been offered anything to sweeten the deal either.

Now I'm quite happy to argue my case but wondered if anyone had come across this before?

They will need to follow a process of consultation - although it sounds like they have already made their mind up - so its hardly a genuine consultation... they also need to give you statutory notice - up to 12 weeks depending upon how long you have been there - they cant just enforce the change - its a material variation to your terms. Equally, you should press for a definitive definition of the terms of them laying you off - you cannot leave them to make the definition up as it suits them. There must be a definition of 'tough circumstances' such as Government guidance not to attend work etc.

Re the notice - its probably in your interest and remember if they lay you off - your contract is suspended - so if they subsequently wanted to make you redundant (in a period of lay off) you'd still have 2 months notice - you cant serve your notice when you are not being paid. Send me a PM if you want more help or advice,,,

 

[nmc]

Here is my understanding. If they issue it and you dont sign, but continue to work for them, then it‘s still enforceable. You are deemed to have implicitly accepted.

They could do what Asda did in the UK - issue notice to all employees simultaneously with issuing a new contract - in other words - sign the new contract or accept termination. Heavy handed and a great way to piss off your whole workforce.

 

[sir baconface]

They could do what Asda did in the UK - issue notice to all employees simultaneously with issuing a new contract - in other words - sign the new contract or accept termination. Heavy handed and a great way to piss off your whole workforce.

Not familiar with the Asda circumstances but, yes, there is more at stake than the question of legality. If revised conditions are inferior, they can potentially undermine morale and/or attractiveness as an employer. It’s therefore not something that should be done lightly in a competitive labour market. On the other hand, sometimes it’s the only way to break an impasse.