Take spacemonkeys advice, he obviousley is the fount of all knowledge. You can’t beat a good transport cafe lawyer. ( that would be why he’s driving a truck and not a lawyer)
However, if , like most people you have difficulty in understanding legal terms and statutes then seek pro advice.
Showing your boss a letter from a lawyer setting out the issue is a far stronger argument than wandering in armed with a lot of printouts from the web.
Wether through a union or not, it makes no real difference, certainly not to me although SM seems to think so.
signing and clause under duress.
Yes , you can refuse to sign altogether and if sacked can always fight your case and win, but may still be out of work.
Why go for confrontation when you can buy time and work it out without pain?
I don’t drive a truck any more and have progressed my career ladder. I am an operations manager for a transport company which involves transport department management, sales department management and HR.
I would suggest you do some research Del prior to you attempted put downs, that way you wont show your self up so much
Can his employer make him pay excess? and hold him responsible for any loss?, or take money from his pay?.
The thing is tohse of us that have driven for a while know the score when it comes to phoning the boss and saying Im not going in there ~(yeh we’ve had bigger than that in there before) but you dont want to risk breaking anything as you have to pay for any damage sustained.
Legal or not?.
L
Legal
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the answer is simple NO they cant.
and if the threaten you with the sack.
then say ok i will see you in court.
and if you accept this you are all thicker than pig crap.
Spacemonkeypg:
You have to stipulate in writing that you are refuting this change in your contract should you wish too.
Otherwise as time passes it can be considered implied terms and conditions of your employment.
Just on the point of the passing of time creating and implied acceptance through conduct/acquiescence.
When an employer creates a term that will have future effect, an employee need not raise his objection until such time as that term will have practical effect.
I’d say - Don’t sign it , and don’t raise any ‘formal’ objection until and if they try to take any money from you.
The topic of them sacking for refusal to sign and agree the new term is a whole other kettle of fish.
not pratical but take the document and ram it down the bosses neck, a load off bullocks a company i previously work for had all that sort off rubbish in the contract never signed it wouldnt give em the saftisfaction, but by rights they have to give 90 days notice off any intended changed to your contract off employment.
but the guys were told if they dont sign it they would be sacked.