90 days notice is all they need to do and then they can do what they want
robinhood_1984:
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?
Correct, by continuing to work there he has accepted the changes unless he communicated in writing that he would only work under protest and would see the changes proposed as a defacto breach.
A change has to be communicated by the employer and most existing contracts will spell out the means by which they must do so, if it is not communicated to the employee the employer cannot just change a contract “retrospectively”
The law on this is very clear and has been tested in various courts.
Driver-Once-More:
90 days notice is all they need to do and then they can do what they want
No that is incorrect, it is up to the employee to accept changes, not up to the employer to force them on you. All you have to do as an employee is tell them to stick it and there is nothing they can do. Just to cover your backside make sure you put your objections in writing and you can either stop working, legally, or continue to work under protest and under the old contract until the contract dispute gets resolved.
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.
what says the Union?
In May this year I was handed a document to sign by my traffic controller, she says, ‘just sign this please’, looked at it and realised it was a new contract, so refused to sign, there was no payrise offered, no bonus increase, if fact nothing to my benefit at all, what it did say though was, ‘hours of work to be agreed by the General manager’, sneaky buggers tried to get me onto a zero hours contract, I don’t work there anymore.
This is all about being worried about being charged for one’s own damage… What happens when you get to take over a damaged vehicle, and the firm decides that since the last person is beyond reach, they are going to charge it to you as it’s “your motor”?
Never accept the thin end of a wedge at any time.
Perhaps the firm realise that all those who refuse to sign have effectively put themselves on zero hours jobs… Ie. they’ll probably do nothing intially to those that refused to sign, but will let you go at the drop of a hat when the work drops off, eg. in January. This means that the full timer effectively has been backdoor-demoted into agency in all but name.
Refuse to sign, AND demand a higher hourly rate for accepting the implied “zero hours deal” that goes with you now not having a contract at all.
If you grease yourself up, and bend over, then that’s what will always happen to you. 
and if the winds howling and you think it could go over do you get to use your discretion and say no seeing as you’re responsible for the debt when ■■■■ happens 
that’s a good point to throw back at them when windy and they expect you to risk live and limb as if you did get rolled by the wind it would be your fault so matter what you said
Driver-Once-More:
90 days notice is all they need to do and then they can do what they want
The so-called “90 day notice” has no validity in law — it will merely be notice that in 90 days time the employer is going to breach the existing contract if the employee doesn’t agree to a change in contract(provided there is no variation clause in the contract which allows the employer to make changes).