how long has da management got to give you notice of new employment contracts.?
i thought it was three months. our gaffers are trying to railroad us into two weeks.
they recon our contracts are “basically unchanged to our terms and conditions.”
we think thats absolute testicles, and most drivers are refusing to sign it.
basically, they can make us work whatever they want. days , nights weekends , bank holidays , whatever. if we sign this new contract. ( all 34 pages of it.)
ive asked for a copy of my original contract. it would seem , no one has a copy of their original contract.
i’m still waiting.
If there is not a copy or have never had an original contract then it is deemed that ‘what you have been doing’ is your current contract.
This LAW was quoted to me by an EXPERT in employment law and not a MMTM.
If your company is trying to get you to sign something that is different from the above then they cannot without your agreement or a ‘collective majority’.
Have a browse through that.
acas.org.uk/index.aspx?articleid=816
Then phone Acas on 08457 47 47 47 mon. - fri. 08.00 - 18.00.
They did me proud with a dispute I had.
ROG is spot on but if you do not make your objections known and dispute the changes then after a time the changes will be your new contract.
Its not all cut and dried though as I believe they can start giving intentions to start redundancies out.
Very complicated stuff.
If you dont have a union 
Acas will keep you right.
Good advice so far and that ACAS link is worth looking at.
There is no time limit on changes to contracts if the changes are agreed by mutual consent and any changes implemented must be confirmed to you in writing within one month of the change.
With regard to your original contract, a contract does not have to be in writing but:
Employers are legally required to give their employees a written statement of particulars of employment. Every employee regardless of the number of hours worked has to be given this written statement, which sets out the main terms and conditions of their employment. This statement must be given within 2 months of the commencement of employment.
Search | Labour Relations Agency - Official
So even if you were never given a contract you should have received the statement of particulars of employment in writing.
Also nearly all contracts will have clauses that allow your employer to reasonably vary your terms in order to respond to economic factors, etc. This would normally include hours, days worked and even the duties performed.
You can challenge any intended change as being discriminatory or unreasonable if you can reason that the change is unjustified.
If as you say everyone is disagreeing with the changes then your employer does not have individual or collective agreement.
This can go one of two ways:
-
They make the changes anyway in which case there may be a fundamental breach of contract which means you may have a constructive dismissal claim against them which would be decided in a tribunal.
-
If after proper consultation no agreement can be reached then they might give notice on the old contract and offer you subsequent employment under a new contract. This would then be a case of proving in a tribunal that your dismissal from the old contract was unfair.
Employment law is extremely complicated and you should seek advice from a professional body such as ACAS sooner rather than later, in most cases they will advise you to notify your employer in writing of your grievance as soon as possible. If anything ends up going to tribunal they will frown on you for now following proper procedure.
The best outcome is to collectively negotiate the changes with your employer so that you come to a majority agreement on the new terms.
inaneredstripe:
how long has da management got to give you notice of new employment contracts.?
i thought it was three months. our gaffers are trying to railroad us into two weeks.
they recon our contracts are “basically unchanged to our terms and conditions.”
we think thats absolute testicles, and most drivers are refusing to sign it.
basically, they can make us work whatever they want. days , nights weekends , bank holidays , whatever. if we sign this new contract. ( all 34 pages of it.)
ive asked for a copy of my original contract. it would seem , no one has a copy of their original contract.
i’m still waiting.
This is`nt a particular “own account” outfit working out of “2000” up at Junction 28 M1 is it ■■?
thanks guys.
they are taking the pee. got a copy of my original too. ive put in a written reply to this new contract.
stating that it is a major departure from my original t and c’s and i will not sign it in its present state.
we will see.
oh , and 2 class 1’s have put their notice in today.
the TM almost ■■■■ himself.
not quite stanley. but your very very warm.
For any union contract it was always 90 days notice, not sure if that true of non union or not.
inaneredstripe:
not quite stanley. but your very very warm.
Oh, I know they have tried to get the T+Cs changed aswell, they have`nt got very far either 