Just been given a new contract of employment and it states on there that we have to pay towards any accident damage. Has any one got this in their contract? Any advice on this would be appreciated. Surly that’s what the insurances are for.
have also been told that we face disciplinary action if we do not sign the new contract.
Think I would give them it back 
they’ll be asking you to pay for you’re fuel next. 
fatbennie:
Just been given a new contract of employment and it states on there that we have to pay towards any accident damage. Has any one got this in their contract? Any advice on this would be appreciated. Surly that’s what the insurances are for.
have also been told that we face disciplinary action if we do not sign the new contract.
how long have you worked for the company? as there are rules which the employer has to follow to the word if they want to change your terms within a current contract of employment 
Yes lol that will be the next thing
Worked for them for 3 years
fatbennie:
Just been given a new contract of employment and it states on there that we have to pay towards any accident damage. Has any one got this in their contract? Any advice on this would be appreciated. Surly that’s what the insurances are for.
have also been told that we face disciplinary action if we do not sign the new contract.
I got handed similar 18 months ago told them I did not agree so I won’t sign for the same reason you give. If you sign any form of contract or agreement it means you agree to the terms 
, so if you do not agree why would you sign??.. it aint rocket science.
As for the disciplinary action get some legal advice, they are seeing how far you will go.
The employer cannot legally force a new contract on you, they have to get your agreement to do so. You have a few options within the law.
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You are fully entitled to refuse to work under the new terms and conditions, a quick phonecall to an ACAS office or even the CAB will back you up on that in writing.
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You can actually work under protest, tell them in writing that you will continue to work, however you will not accept the new conditions, again you can get that in writing quickly to back you up.
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You have every right to take them to a tribunal if they start disciplinary action against you for refusing to sign it and you will win that one easily.
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You can quit and sue them for constructive dismissal, you will win that one easily.
Please don’t take my word for it, or anyone elses, go see your local CAB or make a quick phonecall to ACAS (08457 47 47 47), both of them will tell you exactly the same thing and will back you up with your employer.
Good luck
fatbennie:
Just been given a new contract of employment and it states on there that we have to pay towards any accident damage. Has any one got this in their contract? Any advice on this would be appreciated. Surly that’s what the insurances are for.
have also been told that we face disciplinary action if we do not sign the new contract.
Seems like your employer is another one of the ‘Two-Bit Haulage’ brigade and the sooner these firms go out of business once and for all, the better. If that’s the regard in which they hold their drivers I’d be looking for a new job, pronto.
And as for disciplining you for refusing to sign… 
That said I believe if just don’t sign it, it can be taken that you’ve accepted it anyway? Someone else might be able to advise better.
Yup my contract has the same clause although I signed for receipt of the contract, the contract itself has’nt been signed.
Olog Hai:
That said I believe if just don’t sign it, it can be taken that you’ve accepted it anyway? Someone else might be able to advise better.
Almost, actually if you don’t complain about the changes then it is assumed you agree and have accepted. So you have to make it clear to them, preferably in writing that you disagree, they cannot then say that your refusal to sign is an acceptance.
robroy:
I got handed similar 18 months ago told them I did not agree so I won’t sign for the same reason you give. If you sign any form of contract or agreement it means you agree to the terms
As for the disciplinary action get some legal advice, they are seeing how far you will go.
Want some bad news? By continuing to work you’re deemed to have agreed to the terms of the contract. Your only options were to sign or to quit the job.
If you refuse to sign a contract but provide your services in accordance with it then the contract will be deemed to have been accepted by both parties despite it not being signed or expressly agreed.
Conor:
IWant some bad news? By continuing to work you’re deemed to have agreed to the terms of the contract. Your only options were to sign or to quit the job.
If you refuse to sign a contract but provide your services in accordance with it then the contract will be deemed to have been accepted by both parties despite it not being signed or expressly agreed.
Refusing to sign is not in itself an acceptance as long as you make your objections clear, you can actually continue to work under the old contract by working under protest under the new terms and conditions without actually explicitly accepting them.
The law is very clear, you HAVE to accept the conditions, they cannot ever be forced on you. You do however have to tell them in writing preferably that you are not accepting the new conditions and that you will continue working under the old conditions until the dispute gets resolved.
When it comes to new terms and conditions the burden is on the employer to accept, there is no provision for the employee to force any new terms and conditions on you.
Here are the rules in black and white:
Making a change without agreement
If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may:
have the right to refuse to work under the new conditions
say that they’re working any new terms under protest, and are treating the change as a breach of contract
resign and claim constructive dismissal
be able to take a case to an employment tribunalIf an employee disagrees with new terms and conditions but doesn’t say or do anything, this may count as agreeing to the changes.
gov.uk/your-employment-cont … h-problems
The law is very clear, you the employee has to accept the changes, if you don’t like them just put that in writing to your employer and see if you can get it resolved.
The law is also very clear on not signing your new contract, as long as you let them know that you see the new terms as a breach of contract and put that in writing, your refusal to sign is not an automatic acceptance.
The law is on your side on this one, not the employers.
By starting work with an employer you are considered to have accepted their contract of employment, but they can’t impose a new contract without your agreement. However there is action they can take to bring in a new contract and there is action you can take if you don’t like it. Now is the time to find out exactly the procedures and to record what is happening and what is said. It might come in useful later on.
This has some information on varying employment contracts.
http://m.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf
fatbennie:
Just been given a new contract of employment and it states on there that we have to pay towards any accident damage. Has any one got this in their contract? Any advice on this would be appreciated. Surly that’s what the insurances are for.
have also been told that we face disciplinary action if we do not sign the new contract.
Ask them to put it in writing that you will face disciplinary action…you should write to them rejecting their generous offer to cover yourself. Thought about moving on?
Wot? Nobody saying this man should be extremely thankful to have a job?
DrivingMissDaisy:
fatbennie:
Just been given a new contract of employment and it states on there that we have to pay towards any accident damage. Has any one got this in their contract? Any advice on this would be appreciated. Surly that’s what the insurances are for.
have also been told that we face disciplinary action if we do not sign the new contract.Ask them to put it in writing that you will face disciplinary action…you should write to them rejecting their generous offer to cover yourself. Thought about moving on?
Wot? Nobody saying this man should be extremely thankful to have a job?
They’ll be along in due course. 
Companies can do whatever they well please, all they need to do is 90day you and that’s that
If my mobbed told us we need to pay for damage, I would just work to rule for the rest of my days and become one of those workers we all know and love, fandans!
This is all very interesting. During a phone call about 2 or 3 months ago my dad told me that the firm he works for in the UK where trying this on and he’d told them to sod off and wouldn’t be signing anything, they didn’t push the issue and so far have done nothing about it. I’m presuming from all of what’s been said here that legally speaking, by continuing to work there, he’s accepted the conditions by default and if that’s true, and he does have an accident, can they legally just deduct money from his wages for this reason?
Whats to stop a firm making up all sorts of contractual changes retrospectively to suit circumstances then? If the above is true, then couldn’t an employer after say an accident, then just claim that the contract had been for the past 2 years that drivers were liable, but the driver in question failed to sign it, but accepted it by continuing to work, even though no such change to contract had ever taken place and in this hypothetical situation, and would be the first the driver had ever heard about it. If there is no dated signature, where is the proof that it ever happened?
Even if you accept the t’s and c’s by carrying on, unless you sign to agree a deduction of monies, they can’t deduct it by law. If they do, just resign on the spot, citing constructive dismissal, then sue the pants off them. Just because you agree to pay for damage, does not mean you agree to a deduction of earnings. They will need to invoice you