Contract Terms and Conditions Change
Discussion
Wife started a new job couple of months ago and company she started working for has been constantly trying to get her to sign her new contract with amended holidays..
She is only working part-time so her holidays should have been put down on contract as 9 days + Pro-rated bank holidays instead she has been given 20 days + 8 bank holidays
I do not rate the company she is working for as they have been nothing but useless from the beginning. They have lied to her on numerous times with bonuses and pay.
Where do we stand ? Can they force her to signing a new contract ?
She is only working part-time so her holidays should have been put down on contract as 9 days + Pro-rated bank holidays instead she has been given 20 days + 8 bank holidays
I do not rate the company she is working for as they have been nothing but useless from the beginning. They have lied to her on numerous times with bonuses and pay.
Where do we stand ? Can they force her to signing a new contract ?
They can’t FORCE her to sign a new contract but, given that she’s only been there a couple of months, they can just terminate the existing one.
It sounds like a genuine error. Why not just sign the new contract? OTOH if they’ve lied to her repeatedly does she really want to work for them?
It sounds like a genuine error. Why not just sign the new contract? OTOH if they’ve lied to her repeatedly does she really want to work for them?
tanti007 said:
Wife started a new job couple of months ago and company she started working for has been constantly trying to get her to sign her new contract with amended holidays..
She is only working part-time so her holidays should have been put down on contract as 9 days + Pro-rated bank holidays instead she has been given 20 days + 8 bank holidays
I do not rate the company she is working for as they have been nothing but useless from the beginning. They have lied to her on numerous times with bonuses and pay.
Where do we stand ? Can they force her to signing a new contract ?
Yes. Sounds like they've mistakenly stated the FT holiday entitlement instead of PT. She is only working part-time so her holidays should have been put down on contract as 9 days + Pro-rated bank holidays instead she has been given 20 days + 8 bank holidays
I do not rate the company she is working for as they have been nothing but useless from the beginning. They have lied to her on numerous times with bonuses and pay.
Where do we stand ? Can they force her to signing a new contract ?
If she's only been there a couple of months she doesn't really have any legal comeback. Might be best to start looking elsewhere if she's not happy with the terms.
They have made a mistake and given her Full Time holiday and not the Pro Rata part time that she actually should get. I suspect other part time staff would be pretty peeved about that and I can almost guarantee that she will not be passing her probation if she does not agree to the variation, which you know is reasonable.
Jasandjules said:
They have made a mistake and given her Full Time holiday and not the Pro Rata part time that she actually should get. I suspect other part time staff would be pretty peeved about that and I can almost guarantee that she will not be passing her probation if she does not agree to the variation, which you know is reasonable.
that would then become a unfair dismissal given she is outperforming her other colleagues who are on Full-time hours.. 
tanti007 said:
Jasandjules said:
They have made a mistake and given her Full Time holiday and not the Pro Rata part time that she actually should get. I suspect other part time staff would be pretty peeved about that and I can almost guarantee that she will not be passing her probation if she does not agree to the variation, which you know is reasonable.
that would then become a unfair dismissal given she is outperforming her other colleagues who are on Full-time hours.. tanti007 said:
Jasandjules said:
They have made a mistake and given her Full Time holiday and not the Pro Rata part time that she actually should get. I suspect other part time staff would be pretty peeved about that and I can almost guarantee that she will not be passing her probation if she does not agree to the variation, which you know is reasonable.
that would then become a unfair dismissal given she is outperforming her other colleagues who are on Full-time hours.. tanti007 said:
that would then become a unfair dismissal given she is outperforming her other colleagues who are on Full-time hours..
It may be helpful if I explain that I am an employment lawyer. I represent both Claimants and Respondents in Tribunals (including Appeals) and I also advise both.I can assure you that you are wrong and that no Unfair Dismissal claim would get off the ground.
tanti007 said:
What if she is not subject to any probation ?
The probation period is kind of irrelevant. She can be dismissed for any reason (or no reason at all) during the first two years of employment (as long as it's not due to a Protected Characteristic e.g. race, sex, sexual orientation, disability)Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff