Can I be made to sign a new work contract?

Question

Hi bit of a long one. I have worked for the same company for 8 yrs, I have had 8 months off with clinical depression. I am going to easy my way back to work, with employers help, but there was mention of a new contract. I really dont want to give up the contract I have as there are benefits and bonuses that I beleive will not be on the new one. Also I will be starting off on 14hrs, and they avoided the question of getting back to my original hours, if I signed a new contract, I would loos the security of the old one, hours as well as benefits, which I do not expect now, but would do once back to normal hours. Can anybody help please.

Answer 1

I don't know the size of organisation you work for, of if they have an Occupational Health service, but essentially what others have been telling you is correct. A contract is a two way thing and it cannot be changed without your agreement. Having said that, if you were referred to Occupational Health whilst off sick, it might be that your employer has a report that you cannot work the full 40 hours a week. You would therefore not be able to fulfil your part of the cortract. If this is the case, then that would be considered a "reasonable adjustment" under Disabliity Discirmination legislation to offer you reduced hours as they may think that you are not physcially able to do your full hours therefore by reducing your hours they and you get your feet back on the floor. , Normally reduced hours is for a limited period until the person returns to full health, but I would check this all out with your representative as each company will have their own policy of how they support people coming back from long term absence. You do need to speak to your staff rep to find out what the policy is in your organisation.

Answer 2

Your employer can give you a new contract to sign and therefore agree with at any time. If you refuse to sign it still becomes a contract after a given period. I cannot remember the time limit but 30, 60 or 90 days is there somewhere.
I worked for a retail company and was paid commission on sales. From day 1 I earned so much commission that they changed my contract after 4 weeks. They were not very clever as the change enabled me to earn even more for the same amount of work. This happened 4 times in a year and they eventually made the contract impossible and I refused to sign. After the period at which the contract became valid I resigned and they lost thousands in lost business. During that validation period I was still earning at a great rate.

Answer 3

Assuming this is UK law

Strictly speaking a contract can only be altered by mutual agreement between both parties.

Now comes the spanner in the works.

If a union that has been recognised by your employer for the purposes of collective bargaining, has re-negotiated the terms and conditions of a contract of employment, they have acted on your behalf. If this is the case then you would have to sign it or resign.

Let us assume that this is not the case.

It is in your interest to at least look at the new contract. Take it to a solicitor to look at and get an opinion. That way you can make an informed decision as to what to do next.

Good luck, whatever you decide.

Answer 4

Hi I used to be a catering manager.Firstly I believe that if you do not sign a contract they can still change it.They let you know they want you to sign it out of good will but it doesn't matter as long as they have gone about the situation the legal way there is nothing you can do.They have to give you a certain amount of notice before hand.Every case is unique so I suggest you get in touch with a union the citizens advice can point you in the right direction.You don't have to be in one for years to get help you can join at the time you need help.Hope this helps good luck.

Answer 5

If you are still under contract with them, it is illegal for them to force you to sign a new contract. Stay with your old contract. They seem to be avoiding some of your questions, probably because they fear you will be unhappy at the answer.

If they make your working life too difficult, you can sue them for constructive dismissal - it sounds a little bit like this is what they are trying to do (forcing it so that you have to leave the job by changing your conditions of employment).

Answer 6

u shud not loose your old contract as u have been there 4 over 2 yrs, so your new contract shud only be a temp untill u can work your normal working hrs and it shud all go back 2 as b4 u wen of sick. if this doesnt help then u must go and c a citizens advice and they will help,but dont worry u wont lose out and good luck 2u

Answer 7

technically know, but it helps a lot if your in a union. if you are talk to the rep. go over your current one and look to see if it says anything about it ending or something. there should be a vote as well, but some companies don't do this as some company leaders are **** holes. if you are not in a union you may very well be forced to sign it.

Answer 8

Either party is always free to re-negotiate contract terms. They cannot force you to agree to the new contrct but if you do not they may be in their rights to issue notice of termination under the old one.

Answer 9

I believe unless you've been consulted and agree to the potential changes they're unenforceable. I sugest you speak to an independent employment law specialist. It would be worth the cost to find out for sure.

Answer 10

If your other contract was for a permanent role, and you were signed off sick, your job description hasn't changed. then just dont sign it. they can not force you or fire you over it, read it, it may be better, talk it over with HR if you have one.

Good luck