New job - contract questions

[redrabbit29]

Hi,

I've never had a contract before as I worked in a public sector role which didn't have typical employer/employee agreements.

I have today been sent a contract for a new job - set to start in about 6 weeks. This is a 100% remote position and is working in cybersecurity in a consultancy role.

A few things jumped out at me:

1) You agree that the working time regulations don't apply, and your working hours may exceed 48 hours within a 7 day period. You can withdraw from this agreement if you give 3 months notice.

2) Holidays will have to be agreed at least one calendar month before the start of the holiday. Not more than 10 working days of holiday may be taken consecutively unless permission is given by Senior Management.

3) Sick pay - there is a bit where it says the company may pay for a medical examination and see the results if it is a fair request and something which affects the company.

Do any of these seem unfair or wrong to you? I have looked online and it seems fairly standard stuff.

Thanks

[Countdown]

They're all normal.

[craigjm]

No it’s all standard stuff

The first one is an opt out from the working time directive

The second is just their policy on booking annual leave

The third is just saying if you are off sick they may ask you to see their doctor which is normal when looking at occupational health

[paulrockliffe]

There's possibly an argument that the first clause isn't lawful, you have a right to work under the working time directive, in so much as it remains retained EU law, but that clause is effectively forcing you to opt out for the first three months of employment. Not sure if the 3 months thing would be lawful anyway, I understood it to be your choice, so I wouldn't expect it to be able to be brought under any level of notice by your employer.

It is fairly normal to opt out though.

[craigjm]

paulrockliffe said:

There's possibly an argument that the first clause isn't lawful, you have a right to work under the working time directive, in so much as it remains retained EU law, but that clause is effectively forcing you to opt out for the first three months of employment. Not sure if the 3 months thing would be lawful anyway, I understood it to be your choice, so I wouldn't expect it to be able to be brought under any level of notice by your employer.

It is fairly normal to opt out though.

It is lawful. The regulation is clear around opt in and opt out. Three months is the longest notice period you can specify as an employer and 7 days is the minimum specified by the regulation. The employer can set the length of notice within those parameters

[deckster]

craigjm said:

paulrockliffe said:

There's possibly an argument that the first clause isn't lawful, you have a right to work under the working time directive, in so much as it remains retained EU law, but that clause is effectively forcing you to opt out for the first three months of employment. Not sure if the 3 months thing would be lawful anyway, I understood it to be your choice, so I wouldn't expect it to be able to be brought under any level of notice by your employer.

It is fairly normal to opt out though.

It is lawful. The regulation is clear around opt in and opt out. Three months is the longest notice period you can specify as an employer and 7 days is the minimum specified by the regulation. The employer can set the length of notice within those parameters

All true but as written it appears to be a contractual clause that you have to accept along with the job. It's not written as an opt-in, or as a separate agreement which is the way it's always been presented to me. I'm with Paul that on the face of it and as presented here, it's a bit dodgy.

[craigjm]

deckster said:

craigjm said:

paulrockliffe said:

There's possibly an argument that the first clause isn't lawful, you have a right to work under the working time directive, in so much as it remains retained EU law, but that clause is effectively forcing you to opt out for the first three months of employment. Not sure if the 3 months thing would be lawful anyway, I understood it to be your choice, so I wouldn't expect it to be able to be brought under any level of notice by your employer.

It is fairly normal to opt out though.

It is lawful. The regulation is clear around opt in and opt out. Three months is the longest notice period you can specify as an employer and 7 days is the minimum specified by the regulation. The employer can set the length of notice within those parameters

All true but as written it appears to be a contractual clause that you have to accept along with the job. It's not written as an opt-in, or as a separate agreement which is the way it's always been presented to me. I'm with Paul that on the face of it and as presented here, it's a bit dodgy.

You don’t have to accept any clauses on your contract you are offered. The OP could contact them and say “I don’t like clause x.xx about working time directive, I would like to opt out” and they would more than likely make the change without a vat of an eyelid. It’s obvious they have done it this way for ease of admin on their part but as a potential employer you don’t have to agree to it.

[redrabbit29]

craigjm said:

You don’t have to accept any clauses on your contract you are offered. The OP could contact them and say “I don’t like clause x.xx about working time directive, I would like to opt out” and they would more than likely make the change without a vat of an eyelid. It’s obvious they have done it this way for ease of admin on their part but as a potential employer you don’t have to agree to it.

I asked them to remove it and their reply was:

The document I’ve sent to you is a standard contract we sign with all employees and we do not remove any terms out of it. Could you please tell me why do you want this paragraph to be removed?


EDIT: Doesn't matter, I have signed it now. I did a bit more research and every reddit or forum thread I found said it was standard and calculated over an extended period. Others in this thread said similar but I just wanted reassurance. Thank you all.

Edited by redrabbit29 on Tuesday 20th December 11:23