Hi Guys

We have been told our contracts are to be changed the main changes are

Sick pay reduced to 10 days afterwards just SSP

After 5 years employment if you want to leave 3 months notice is required and not allowed to work in the same industry within a 35mile radius for 3 month period.

If we dont sign the new contract we will stay on our original contracts but get no pay rises.

Any ideas where we stand ? no experience with this stuff any pointers or what websites to look at.

cheers guys

Join a union.

TUC and ACAS websites are useful resources.

Solidarity amongst the staff is the key. The leaving clause is probably unenforceable

American firm?

2nd ACAS – ring their helpline

After 5 years employment if you want to leave 3 months notice is required and not allowed to work in the same industry within a 35mile radius for 3 month period.

that sounds illegal to me. and they're using a stick/ carrot of payrises to tempt you to sign. i'd look for another job.

when i was younger and more gullible, i started working for a large IT consultancy. they gave me 8 weeks training and said if i wanted to leave in the first year i would have to pay 8 x 2000quid back. then sent me on a crappy job in middle of nowhere (40 mins from heathrow after saying all clients in central london)
scum. they all try it on.
on a completely unrelated matter and nothing to do with previous. i wouldn't recommend working for valtech…

if they show you such a low amount of respect now, imagine if things get a little harder for them. honestly. scumbag compamies using recession to treat staff like crap!

After 5 years employment if you want to leave 3 months notice is required and not allowed to work in the same industry within a 35mile radius for 3 month period.

Not a chance I'd sign that. Only way I'd accept any restriction on what jobs I can take is during a period where they're still paying me.

the restrictions on who you can work for after you leave the company are very rarely enforceable IIRC. restraint of trade under EU stuff apart from anything else. I wouldn't worry too much about that.

Enforceable in rare circumstances I think ( I haven't checked this – its from memory)

So is it an american company?

The carrot and stick approach shows that they know they can't force the changes on you. So you sort of have two options; take the new terms or don't.

The restriction on working in the same industry is brilliant and works in your favour. As TJ says, these covenants are typically unenforceable under EU law. But, the more ambiguous they are the more likely they are to be enforceable, so this one, with a very specific and punitive clause, is going to even more unenforceable.

The three months notice period works in your favour; yes you have to give three months notice but this isn't going to make any difference to your ability to find a new role. It does mean that they have to give you three months notice in the event of redundancy or such.

So really your only issue is the sick pay, which is a little scary and mean, but it's no worse than a lot of other companies and bear in mind that this is likely to be 10 consecutive days not cumulative.

The whole union thing is up to you; depends on where you stand on that debate really, which is not for this thread.

geetee1972 – Member

The three months notice period works in your favour; yes you have to give three months notice but this isn't going to make any difference to your ability to find a new role. It does mean that they have to give you three months notice in the event of redundancy or such.

There is absolutely no reason that notice periods have to be symmetrical. With my last employer, they had to give me 12 weeks notice, I only had to give 4.

Agree with gt. The 3 month notice thing, if it is both ways, is in your favour; the new employer thing is probably unenforceable and the sick pay is a shame but reasonable.

No it's and english company and just expanded to 50+

They do pay more than others in the same industry so leaving isnt realy an option

I guessed the restriction on who you can work for after leaving might be unenforceable but seems to be quite common for sales staff.

Repayment of college fee if you leave within a period is common ,you cant blame the employer to be honest.

Thanks for the info guys will see what happends when we have our one to ones

Basic info here

Fundamentally: speak to an employment lawyer.

Just hazarding a guess here but……

Obviously they can't force you into the new contract, therefore you have the option of remaining on your original contract.

Pay rises are discretionary, so they can legally restrict them if you stay on your original contract, therfore the choice is yours – they aren't forcing you into anything.

Shit, but true.