Help with Employment Law, Please

[Happy Holidays]

My daughter started working for a company in May this year, she was given a contract then. However, since she started they have changed the start & finish times 3 times and now they are expecting, her and other employees to sign a new contract.

What I would like help with is, where can we go for help. The changes the company are making are, from 3 months probationary period to 6 months, and they now want employees to save 3 days holiday to take over Christmas or take them without pay.

I'm not happy as my daughter, like me, will say if something isn't right and I feel if she signs this new contract her employment will be terminated after her now 6 month probationary period because she has refused to sign the contract (make sense?). Also she has saved her holidays so we can go away as a family begining of December & she won't have any days off to take over Christmas, and she doesn't mind working then.

Is there anyone who can point us in the right direction so we can deal with this in the correct way.

 

[Devon Dolce]

Hi hun, I would advise you to go to CAB in the first instance. My understanding is that a probabtionary period can be extended under certain circumstances (performance etc.) and unfortunately, I think the 3 day holiday allowance from yearly allowance is a common thing - if the company shuts down then all staff have to take the leave. Keep us posted on your progress, it's a minefield xxx

 

[Maximus]

TBH in the current climate, I wouldn't really have thought there'd be much comeback.

Depends on how desperate your daughter needs/wants the job, and them her.

 

[Starlight]

we have this problem at my work too. They keep changing things in our contract you get issued a new contract and have 90 days to sign it, if you dont its seen as your resignation.

I think Ive had about 5 new contracts in the past 3/4 years and theres another one coming soon which is potentially going to cut our salary by about £200 a month.

In the current climate the employers know they have the upper hand

 

[Happy Holidays]

It just seems so unfair to be treated in such a way. Yes jobs are hard to come by but I don't see this as a reason to be treated as they are.

Thank you all for your input.

 

[Maddysmum]

My oh works for dwp (ie government) and they've had new contracts, forced them to do work didn't every apply for (he's gone from computer report specialist to answering 170 calls a day from abusive people) and lost £300 a month pay and he got no option if he wanted to keep a job.
The law is in theory behind you (but if they can justify why and doing to everyone hard to make it stick) & unless you want to take them to an unfair dismissal court along with the stress / cost you just have to take it.
sorry not wot you wanted to hear but think that she's just going to have to go with the flow x

 

[kingleds]

If you have a contract already they cannot force you to sign a new one. Admittedly, they could begin to make your daughters life difficult at work if she refused, but they could not sack her for refusing to sign it, and regardless of how long she has worked there, she would have a case of unfair dismissal if they did.

 

[Starlight]

Sadly our union just lies down and takes what ever the powers that be throw at them, they always seem to find a reason to justify whats being done. Our contracts arent worth the paper theyre written on

 

[stillscrapping]

Mine was changed and I went to the union.They told me I have a contract for XX amount of hours and no where in that contract it says what hours I work so they can change the start/finish time to suit the company.]


I work for a large retail company and this applies as well. As long as they can prove it is a business need you have no recourse.

It doesn't matter that you already have a contract. We all have contracts but what they are saying is that your job, as it is at that moment, is no longer required so 90 days notice to sign the new contract or you are taken as resigning.

 

[kingleds]

I'm afriad you were given some bad advice there. They can make make reasonable changes, but not to certain things, and you still have to agree. An example is my old company. I had 6 months fully paid sick pay & 28 days holiday in my contract. When we were acquired the new company tried to make ua all sign new contracts which had 4 weeks sick pay & 24 daya holiday. We refused. There was nothing that could be done on their part.
With regards to specifying when you can take holiday. That is actually illegal full stop. If they are shutting dow over xmas, they cannot force you to take your annual leave for it. They can encourage you to take, or not take your leave at certain points of the year, but not force you.

 

[Happy Holidays]

Thank you all, I know what I'm doing tonight!!!!!!!!!!

In the short term, my daughter is going to look into whether she should sign the new contract. And she is also going to look for a new job. She is in sales so fortunatley there are always jobs available.