Yet another new employment contract!

[Deleted member 37080]

I have worked in my present job as a Personal Assistant and Office Administrator for 4.5 years and in that time have had three different employment contracts - re-issued due to reduction in benefits for staff. The first of these was issued 2.5 years AFTER I joined the Company. We (the staff) have just found out that we are to be issued with yet another new employment contract which will include further reduction(s) in benefits and also coincides with the company relocating to offices 3 miles away. When I first joined the Company, besides my salary, my benefits included: Pension Scheme; Life Assurance & Private Health Scheme; 30 days' holiday, plus Bank Holidays; Flexible Working Hours; Bonus; Free Car Parking. Of these, I still have: Pension Scheme; Life Assurance; 25 days' Holiday plus Bank Holidays and Free Car Parking. It has been hinted that we are also to lose the free car parking when we relocate to new premises. The cost of car parking close to the new premises is very expensive and would cost each affected staff member approx £100 per week!!!!

My first question is: what rights do I have when discussing/negotiating recompense for this further loss of benefit?

We have already been told that new employment contracts will be issued and the staff have all received letters informing us that the relocation may include some redundancies - however, we have been told (orally) that redundancies are unlikely, although they were not ruled out.

Not long after my job description was last re-issued, one of the Managers left the Company and was not replaced and I found that I was expected to 'take up the slack' - taking on board the work the Manager previously did. Because of this, some of my other (PA/Secretarial) responsibilities have taken a bit of a back seat and I have subsequently been criticised for this, as a direct result of having to take on the additional duties. I have also been criticised for "only working an average of 3 EXTRA hours per four week period" than I am contracted (or paid) to work.

One of the 'duties' that has been dumped on me is the project management of the Company relocation. I must point out that I have never received any Project Management training as such and my experience of project management has, so far, been restricted by my role as a PA to small administrative projects only.

My second question is: Can the management use the Company relocation as an excuse to renegotiate all of our contracts with different benefits being made available or being removed? And, if so, what recompense must be paid for the loss of benefits such as free car parking?

My feeling is that the contract(s) are not worth the paper they are written on because they seem to be re-issued at the drop of a hat. Can an employer keep re-writing and re-issuing contracts of employment to suit the moment?

Any advice would be gratefully received and although I realise that my best option is to leave - finding suitable alternative employment in the current climate is proving to be a little difficult.

 

[sjbeale]

The company has an obligation to consult with you and get agreement before the change to terms and conditions (including benefits) goes ahead. You agree by signing the contract.

The company can not just enforce the change.

The relocation has no impact on this.

 

[Deleted member 37080]

Thanks SJ Beale for your comment.
I am having my first individual consultation on Monday. I would like to add further comments at that time.

The last time I went through this (with this Company), I did not want to accept the "proposed" changes to my contract and was ultimately threatened with my contract being terminated and my role being re-offered to me on the terms they wish to offer me. I felt that I was backed into a corner as I could not afford to be out of work. I expect this round of consultation to go the same way but don't know my rights.

Any help with this would be brilliant.
Thanks again.
Chloe.

 

[Deleted member 37080]

I have now been issued with another new contract of employment and a new job/person spec. Both of these documents show my role as being 'Personal Assistant'. However, my role was expanded to take on some of the duties of the Business Manager when he left the company a year or so ago and my job title became 'Personal Assistant/Office Administrator' (The boss does not like the word 'Manager'!). My salary was adjusted, slightly, to reflect this change. I feel that the act of reverting to PA is a means to 'cap' my salary at it's current level despite the fact that I have subsequently taken on more responsibilities that the previous Business Manager undertook.

Separately, there is a clause in the contract that reads: 'The Employer reserves the right to terminate the Employee's employment with notice as per their contract of employment if they are unable to perform their duties due to ill health or accident for any period of 6 consecutive weeks or aggregated periods totalling 9 weeks in any period of 52 weeks. This right is reserved regardless of whether exercising it would affect the Employee's entitlement under any permanent health insurance policy which may apply to them from time to time.' My question is - Is this legal? Can they actually sack someone for having an operation, for example, for which the recovery period is 6 weeks or more?

There are a few more queries I have about what is included in the contract, but these are just an example.

If anyone can offer any advice, I would be grateful.

Thank you.
Chloe.

 

[kulture]

If there are any clauses or points that you do not understand, or just feel unsure etc, then it is always a good idea to ask for clarification. If you feel that your manager cannot answer you fully then seek advice from the CAB.

In general a contract cannot take away legal rights. BUT you have to be sure what these rights are. Some large companies know the employment law in fine detail, and can create an employment contract that stretches the law to its limits.

You do not give any indication as to the size of your employer. It may well be that they are relatively small and they themselves do not know the full implications of any contract changes. They may be simply using standard contracts downloaded from templates.

 

[Deleted member 37080]

Thanks Kulture.
I work for a very small company (only 7 of us, including the boss) with an external HR consultant who, I believe, has done exactly as you suggest in downloading a template from the internet.

Many of the clauses included in my contract do not/should not (I believe) apply to a person in my role.

However, as per my original post - as expected - there is absolutely no mention of any car parking entitlements at the new office location. As this is currently a benefit I receive (and have for the last 4.5 years) should I receive compensation for the loss of yet another benefit?
Thanks again.
Chloe

 

[sjbeale]

It seems as though the company have followed due procedure as they have consulted with you. To agree to the new terms you sign the contract. It seems they have given you a small pay increase to offset the additional car parking charges.

In difficult economic times companies have to look at pay and benefits packages to see what they can do to cut costs and so long as they consult and, at least try, to get agreement they are acting legally.

The clause about sick pay, however, may not be legal particularly if disability issues may be related to absence. This clause could be challenged in an employment tribunal I believe.

If you are not happy with details in the contract and your job title you should raise the matters in writing asking for a further meeting to discuss further. I would take in a companion as a note taker so you document the meeting. I would make some suggestions regarding your job title if you are not happy with that.

Hopefully you will resolve matters.

 

[Deleted member 37080]

Thankyou again Sandra.

No payment has either been offered or received for the loss of car parking, so far. I intend to seek this as compensation for this lost benefit though.

Thank you for confirming my thoughts re the sick pay wording. This is something that I am sure will be challenged - and not just by me - during the negotiations.

One of the other clauses that have been included states that if an employee leaves the company, they will be liable to repay any and all costs of training received for the previous two years. This seems excessive, particularly as I work in an environment whereby the professionals in the company are required to undertake a large amount of training each year to keep their knowledge current. Can this be enforced? In my position, I have to say that it discourages me to seek external training in case I decide to leave the Company and yet the wording of my Job Spec includes a statement that I "must commit to continuous improvement" through training and development.

Thanks again for your help.
Regards,
Chloe

 

[Deleted member 37080]

Following further consultation - whereby the MD and the external consultant generally say that my comments will be taken into consideration, without giving any actual answers to my questions. It would appear that from comments they have made, the benefit of free car parking will not be provided when we move to the new location. It would also appear that no compensation for this loss of benefit is to be offered. Where do I stand with this?

In addition, the new contract includes a clause which will entitle the management to request that staff work on bank holidays (although they say they will give a day off at another time if this happens). However, I have already pointed out to them that I would find this extremely difficult as my family have a hobby which takes us at least 3 hours away from home at weekends (especially around bank holidays) and as I drive the accommodation (motorhome) the whole family would have to forego our hobby to enable me to work. Can this be enforced?

Please help. I really do not feel confident that I can sign this new contract and fear that my contract will be terminated if I do not sign it before we move offices.

Any help or advice would be greatly appreciated.
Regards,
Chloe

 

[UKSBD]

What is the wording in the contract regarding free parking?
Is requsting someone to work on a bank holiday the same as making them? can't you just turn down the request when it is made?

 

[Dawn Lane]

Chloe

Take a look at this link http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116 and maybe check with ACAS for a response to your queries

Dawn

 

[sjbeale]

The company is within their rights to have an agreement to take back training costs if an employee leaves. Providing training costs money and if someone leaves the company don't get return on their investment.

It appears a manager may request an employee to work on a bank holiday. It seems to be a request not an order, so therefore, I should imagine you can refuse if you have other plans.

You don't have to sign the contract if you don't agree with it, but if you continue to do your job and receive pay you may be deemed to have accepted the new terms and conditions anyway.

The other way you can show your discontent is to put your complaints in writing.

You could resign and take your case to an employment tribunal but I don't think you would get very far in terms of compensation.

 

[Deleted member 37080]

The wording re Bank holidays is:- "The Employee will, if required by the Employer, work on any public holiday (except Christmas Day and Easter Day). Where the Employee works on a public holiday, they will be entitled to a day's holiday in lieu."

Now I've re-read it, it does not look like a request!

Re Car Parking. I have benefited from free car parking since the day I joined the Company 4.5 years ago. It has therefore become part of my benefits package. The new contract completely omits any mention of car parking. When I raised the issue, I was told that it will not be provided. As it is essential that I have use of a car to be able to meet personal commitments after normal working hours, car parking is important.

Re training costs, I accept that training costs money but before we attend any external training, we have to put a business case together for approval to attend, showing that the Company will benefit from the knowledge gained. I can understand that if I leave within a very short space of time after attending external training, the Company will not have received sufficient 'pay-back', but to request FULL reimbursement for the previous 12 months' training seems unreasonable.

The contract also refers to an Employee Handbook which has yet to be written, but we are being asked to sign the contracts before we have seen the handbook.

Thanks again to Sandra and also to Dawn and UKSBD. All of your advice is taken on board. With the above information, is the advice the same?
Thanks again to everyone.
Chloe.