Can contract include "recession" clause?

Can contract include "recession" clause?

Author
Discussion

autoholic

Original Poster:

353 posts

226 months

Wednesday 13th May 2009
quotequote all
The company I work for has just changed its name and new contracts have beens sent out. Mine includes the new addition with regards to my salary -

Your pay is ***** per annum. You will be paid weekly after deductions ***** (This can be reviewed at any one time and a decrease in salary with the current recession, can be altered. This would be placed in writing and reviewed after the recession.)

Is this legal??

bogwoppit

705 posts

196 months

Wednesday 13th May 2009
quotequote all
Legal or not, just don't sign it.

TonyHetherington

32,091 posts

265 months

Wednesday 13th May 2009
quotequote all
You ask is it legal, does it even make sense? Is that copied explicitly from your contract?

autoholic

Original Poster:

353 posts

226 months

Wednesday 13th May 2009
quotequote all
Yes, copied exactly with poor punctuation included.

TonyHetherington

32,091 posts

265 months

Wednesday 13th May 2009
quotequote all
I'm not even remotely close to being anything of legal mind, but only an English mind, but the first half of the bracketed sentence just isn't making sense to me!?

autoholic

Original Poster:

353 posts

226 months

Wednesday 13th May 2009
quotequote all
Nor me.

sleep envy

62,260 posts

264 months

Wednesday 13th May 2009
quotequote all
the company I work for (!) is having a 90 day consultation period to review employment contract T&Cs

if there is a majority vote to amend the T&Cs all employees will be given the choice to accept a revised contract or decline them

those that decline will be fired and offered re-employement with the new contract

this is also the same company who have placed my job at risk and have notified me I am in a pool of 2 with both roles being made redundant unless I deliver a new project (highly unlikely in a declining private/retail market)

until my consultation period of 30 days is over (2.5 weeks still to go) I am not allowed time off to seek alternative employmnt

both situations are legal

CatherineJ

9,586 posts

258 months

Wednesday 13th May 2009
quotequote all
I had understood that if you don't sign an employment contract then you are deamed to have accpeted them if you continue to work for the employer.

Is that not the case?

sleep envy

62,260 posts

264 months

Wednesday 13th May 2009
quotequote all
CatherineJ said:
I had understood that if you don't sign an employment contract then you are deamed to have accpeted them if you continue to work for the employer.

Is that not the case?
that's an emplied contract, you get offered a contract which you don't sign but you turn up for work and they pay your salary

in the above situation they are changing T&Cs which is totally different

Edited by sleep envy on Wednesday 13th May 14:13

autoholic

Original Poster:

353 posts

226 months

Wednesday 13th May 2009
quotequote all
CatherineJ said:
I had understood that if you don't sign an employment contract then you are deamed to have accpeted them if you continue to work for the employer.

Is that not the case?
So damned if you do and damned if you don't eh? Nice!

Sorry to hear that sleep envy, that sucks man.

sleep envy

62,260 posts

264 months

Wednesday 13th May 2009
quotequote all
autoholic said:
Sorry to hear that sleep envy, that sucks man.
cheers, you're telling me!!


CatherineJ

9,586 posts

258 months

Wednesday 13th May 2009
quotequote all
So what about TUPE and the company name change - would that not apply.

The Tea Boy

4,129 posts

250 months

Wednesday 13th May 2009
quotequote all
CatherineJ said:
So what about TUPE and the company name change - would that not apply.
Im just thinking the same thing.

bogwoppit

705 posts

196 months

Wednesday 13th May 2009
quotequote all
A contract is a binding agreement between BOTH parties - if they want to amend the contract, they need your permission. They can terminate the contract if they wish, but only according to the terms specified within it (usually dismissal or redundancy). Even if it said in your contract "we can change this contract at any time" I doubt it would be a legal clause (and law trumps contract).

Besides, nobody seems to appreciate that contracts, along with everything else in the world, are negotiable. Tell them you won't sign it and see what they say. Just be careful, as companies can always find a way to make you and only you "redundant", making you miserable enough to leave, hunt out misconduct etc.

It certainly looks from the wording as if the clause was bolted on to the end, which is a bit worrying because it looks like they have every intention of using it.

Scraggles

7,619 posts

239 months

Thursday 14th May 2009
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had that sort of thing years ago, got asked to drive from croydon to woolwich and got a bking as took longer than the 30 mins that they wanted me to do it in, added to the list of things that went wrong and everyone whose face did not fit, sort of left...

if the op has another job to goto, then don't sign, if no job, then better than no job smile

sleep envy

62,260 posts

264 months

Monday 18th May 2009
quotequote all
dude, it a problem by then as my fate is sealed even before the 90 days consultation period for the Ts&Cs is up

sleep envy

62,260 posts

264 months

Monday 18th May 2009
quotequote all
HR have been sent a mail - am waiting for a response but the off the record response is wait until 30 days is up

I feel a sicky coming on

sleep envy

62,260 posts

264 months

Monday 18th May 2009
quotequote all
it also means I won't be able to have my one to ones

wonder how long I could string it out for hehe