Bit of conundrum with new contract terms at work. I work for a small landscape consultancy (12 people) and had a contract when I started 2 years ago which at the time seemed fine to me, well apart from the 2months notice period and dismissal notice only being a week for junior staff. The MD/owner has just rolled out new contracts for everyone as a few people didn’t have one when they started and he’s took this opportunity to change everyone’s. I’ve not had chance to have a full look at it this morning, but so far it looks like he wants to:

A) Reduce sick pay/leave from full pay for 3months to nothing for the first day of sickness, full pay for the next 10 days then onto statutory after that. This seems to be targeting sickie pullers (not me btw) a lad whose lined up for a hip operation and has been told to take 3 months off work by his doctor already – also kind of highlights the sort of t@ss@r our MD is

B) Insert a new clause stipulating that we cannot work for a competing company or any other company in the same role that is either directly or indirectly linked to our clients or professional consultants for a period of 12months from leaving. This sounds alarming to me considering it is quite a small profession where everyone kind of knows everyone it would make it nigh on impossible to leave to go to another company in the same area as I’m in

Does anyone know where I stand with this? Can I claim statutory pay for first day off or should I hold my ground and demand full pay? Also if I sign it and then get a job somewhere that uses the same tree consultant as my present company will he come suing me for breach of contract or whatever? I’m going to go through the whole thing tonight to double check it and have a talk to him expressing my opinions about it later in the week

cheers

what are his grounds for ending your current contract? The simple option is to not sign the new one and keep with the old one.

Your options are simple – accept the new contract, or don’t accept them and therefore you stick with your existing T&C’s

Nuclear option if you choose to not accept the new ones, is that the boss sacks you – however if he does that then you have a potential unfair dismissal case.

The second change sounds pretty unenforcable. It essentially prevents you from doing your profession.

Don’t sign.

Also bear in mind the 2nd clause is only as enforcable as he decides to make it. In my experience small companies just don’t follow through on clauses like that. They are more of a threat than a reality.

As far as I’m aware that the no-compete clause can’t really be enforced as it amounts to a restriction of trade.

cheers for the comments, the second one is the bugger for me as i’m currently thinking of elsewhere and a colleague has potentially been offered a job with one of our clients so he’s bricking it that the old company would come after him if he goes

we’ve already had a email/letter saying that if we do not sign by mid march but continue to carry on working we’re automatically agreeing to the terms. will have to have a chat with him an voice my concerns…

onzadog – doesn’t have any as such, he’s stated to bring the company ‘up to date with current business models’ or some b@ll@cks like that

gazc – Member

“we’ve already had a email/letter saying that if we do not sign by mid march but continue to carry on working we’re automatically agreeing to the terms. will have to have a chat with him an voice my concerns…”

My shower did that too. But then when the timescale ended they offered “another chance to sign the new contract” and then “a last chance to sign the new contract” and then “an obvious bribe to sign the new contract” and then “a complete load of lies to encourage you to sign the new contract” and finally “a thinly veiled threat telling you to sign the new contract”, and then they just gave up.

My understanding is that he can’t “migrate” you onto a new contract. If you don’t sign the new one, it can’t come into force. Simple as that. He can’t claim that because you didn’t sign, it comes in automatically.

The old one stands unless one of you terminates it. If he terminates it without good grounds, he’s opening himself right up.

However, if you’re looking elsewhere already, just drag it out as long as you can and jump ship before hand.

TJ where is TJ when you need him…

I’ll step in while he’s not here then.

“Join a union”

Point 2 happened to my contract at the start of the year. My understanding is it’s generally unenforceable in reality though.

I also believe the point about the assumed changes if you don’t sign is also correct. I can’t remember exactly what its called but I think this bit is true.

This is known as a variation of contract,see here for More info