HR at work putting clauses in my contract

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GoatersLeftShin

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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?
 
With any HR concerns or disputes I would always say gather as much evidence as you can. In this instance I would talk to your colleagues (make notes) just to see if the company are being honest with you about everyone else accepting it with no problem, because if they weren't and you were to sign the contract and then subsequently fall foul of it then you could have grounds to get the contract nullified.
 
Check your contract or handbook for something that reads like 'we reserve the right to update these terms according to business needs.'

Chances are its in there and it basically gives them the right to update the terms as they see fit.
 
GoatersLeftShin said:
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?
Click to expand...
Are you in a union?
 
Firstly you do not have to sign anything, in fact I personally wouldn't if you know you could get another job relatively easy. The company can still make the change and only if they reduced your hours or laid you off would you then have a case to take them for unfair dismissal or unlawful deduction in wages.

If you're wanting a career with them then obviously it's a bit more difficult, but you're in IT so should be able to find alternative work easy, but by not signing you keep your options open. I've worked with people who have been working under this arrangement for years and they still get promoted and everything.

If you do sign, one problem with your contract may be a clause that says you are not allowed to have additional employment without their approval. That would be unfair on you if they dropped your week by 10 hours and you couldn't make it up doing your usual trade at another company. I also don't know what would happen if they 'laid you off' and you got another job in the meantime, they might class that as tending your resignation. I'm assuming here that 'laying off' includes a guarantee of your job being re-instated at a future date.
 
lancs blue said:
If that's the case you should consider freelancing if you haven't already done so.
Click to expand...
I was a contractor for years and loved it. Mind I was single at the time so it will be more difficult with a family now. I'm tempted to go back but not sure what the contract market is like at the moment.

The job I've got now is great and close to home with no commute so giving it up is hard. It's also well paid so even going contracting isn't going to boost it too much
 
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